The Supreme Court expressed strong displeasure over the repeated failure of the Municipal Corporation of Delhi (MCD) to clear debris and ensure proper restoration of the Shaikh Ali ‘Gumti,’ a 500-year-old Lodhi-era tomb of significant archaeological value. The site, situated in Defence Colony, had been illegally encroached upon by the local welfare association, while the MCD itself was found operating an unauthorised office and parking space there.
A Bench comprising Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti, which is currently monitoring the matter following the retirement of Justice Sudhanshu Dhulia, took exception to the MCD’s affidavit claiming that the debris had already been removed, except for waste generated during restoration. This assertion was directly contradicted by Senior Advocate Gopal Sankarnarayan, appointed as Court Commissioner, who reported that debris from earlier demolitions still remained at the site.
Justice Bhatti, questioning Senior Advocate Garima Prasad representing the MCD, remarked that the Corporation appeared indifferent to the Court’s repeated directions. He observed that the removal of debris should ordinarily take no more than an hour, yet the MCD had shown a pattern of delay, seemingly waiting for further court orders. “If a dignitary were to visit, the site would be cleared within two hours. Is this the respect you show to judicial orders? ” Justice Bhatti asked, emphasising that such conduct reflected poorly on the country’s largest municipal body.
The Bench further noted a communication gap spanning nearly two months between the Court and the MCD, describing the Corporation’s approach as dismissive and unsatisfactory. Observing that earlier opportunities had been squandered, the Court directed the MCD Commissioner to remain personally present at 3 p.m. the same day to ensure compliance with its orders.
“We are constrained to take this step,” the Bench stated, “as despite granting sufficient time, our directions have not been honoured in both letter and spirit. The conduct of the MCD has left this Court with no option but to secure accountability at the highest level".
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