Recently, the Supreme Court condemned the Defence Colony Welfare Association (DCWA) for its illegal occupation of the Gumti of Shaikh Ali, a historic tomb dating back to the Lodi period, and criticized the Archaeological Survey of India (ASI) for its failure to take action. The Court made strong remarks and expressed outrage over the unauthorized occupation and alterations made to the structure. The Court’s observations were blunt, with Justice Dhulia questioning the audacity of the encroachers, stating, "How dare you enter this tomb?" while Justice Amanullah suggested that the Court would not hesitate to order an eviction in open court if needed.
The Gumti, an octagonal tomb built during the Lodi era over 700 years ago, was illegally occupied by the DCWA, which had installed false ceilings, electric fans, and furniture inside the tomb. This encroachment came to light after Rajeev Suri, a resident of Defence Colony, filed a petition in the Supreme Court seeking the protection and preservation of the tomb. His plea highlighted that the tomb’s historic value was being undermined by the illegal occupation and nearby construction plans, which posed further risks to the monument.
The Delhi High Court had previously dismissed Suri’s plea, but the Supreme Court took up the case after issuing a status quo order in March. In its directions, the Court had asked the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry into the matter. Upon reviewing the CBI’s report, the Court found that the DCWA had been occupying the tomb for decades without any legal entitlement and that the ASI had failed in its duty to protect this historically significant structure.
Justice Dhulia sharply rebuked the DCWA, asking, “How dare you enter this tomb?” and dismissed the association's defence, which argued that it had been in occupation for years.
Justice Amanullah, adding to the criticism, remarked that the Court would take action to evict the association if necessary. Further, the Court lambasted the ASI for allowing the illegal occupation, especially given the tomb’s significance. Justice Dhulia questioned the ASI’s actions, saying, “How could you allow this for a 700-year-old Lodi-era tomb?”
The Court emphasized the responsibility of authorities to protect cultural heritage and stated that the actions taken by the DCWA and the ASI had damaged the monument. The Court directed the appointment of an expert to assess the damage to the tomb and suggest measures for restoration. The expert’s report is to be submitted within six weeks, and the case is set to be revisited on January 21, 2025.
The Supreme Court also commended the efforts of petitioner Rajeev Suri and the CBI for bringing the issue to light, expressing disappointment over the decades of inaction from the authorities.
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