SC pulls up residents’ welfare assoc for ‘illegally’ occupying tomb

Pulling up the Defence Colony Welfare Association (DCWA) for ‘illegally’ occupying the Lodi era Gumti tomb of Shaikh Ali here, the Supreme Court on Tuesday decided to appoint an archaeological expert to study the extent of damage caused to the monument and suggest restoration measures.

A Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah asked the expert to submit a report in six weeks and listed the matter for further hearing on January 21, 2025. It lauded petitioner Rajeev Suri for highlighting the encroachment

"How dare you (RWA) enter this tomb?” the Bench asked the DCWA counsel and pulled up the ASI for allowing illegal occupation of the tomb by DCWA.

As the DCWA counsel said the association had been there for decades, the Bench said, “It cannot be allowed. We will evict you in open court, if needed.”

The Bench had on August 27 ordered the CBI to conduct a preliminary enquiry into the decision of the Archaeological Survey of India (ASI) and the Centre Government refusing to declare the tomb in Defence Colony a ‘protected monument’ solely on the basis of objections made by DCWA.

On Tuesday, it lauded petitioner Rajeev Suri and the CBI for doing “good work”. "We really appreciate the agency (CBI) for how it started the probe and its status report…Of course, the CBI is not an expert body for looking at historical work but they have done good work in informing this court of the sequence of events of the total neglect and illegal encroachment of this building of archaeological importance," the Bench said.

Acting on a petition filed by Suri, the top court had earlier sought to know “How and under what circumstances the ‘gumti’ came to be occupied by the DCWA, as claimed from ‘1963-64’?”

Suri had challenged the Delhi High Court’s February 20, 2019 judgment refusing to issue directions to the ASI and the Centre to declare the ‘gumti’ as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

According to the National Mission on Monuments and Antiquities, the tomb was built during the Lodi Dynasty period more than 500 years ago.

The ASI had initially recommended declaring the ‘gumti’ a protected monument under the Act but later, citing the modifications made by the DCWA – which has been using the structure as its office – went back on its recommendation.