₹40L SC fine: Def Col RWA may turn to residents for contribution

The Supreme Court on Tuesday issued the directive to the RWA in Defence Colony, which had converted the 700-year-old monument into an office space, weeks after the court, on January 21, ordered the RWA to vacate

The residents’ welfare association (RWA) of Defence Colony may use contributions from residents to raise a ₹40 lakh penalty imposed by the Supreme Court for occupying the Gumti of Shaikh Ali, a Lodhi-era monument, for over six decades. While a few appeals were made on a personal level—with no official directive or request—to residents, the RWA clarified that a final call on the payment is yet to be taken and there is no mandatory directive to pay.

A view of the RWA signboard. (HT Archive)

The Supreme Court on Tuesday issued the directive to the RWA in Defence Colony, which had converted the 700-year-old monument into an office space, weeks after the court, on January 21, ordered the RWA to vacate the structure and appointed senior advocate Gopal Sankaranarayanan as court commissioner to ensure the smooth handover of possession to the land and development office (L&DO).

Major (retd) Ranjeet Singh, the president of the Defence Colony RWA, said that the Gumti was vacated within 14 hours of the order and the RWA is now operating from a new office within the colony.

The RWA president sought to reiterate that no mandate or directive was issued to residents for providing contributions to raise the penalty imposed by the Supreme Court; however, he said that several residents have volunteered to contribute.

“Hundreds of people have come forward with a request that if any money is required towards this fund, they are willing to contribute. We have not yet taken a final call yet. The order has just come and as soon as the date for paying this among is finalised, a decision will be taken,” he said.

The proceedings emanated from a petition filed by Defence Colony resident Rajeev Suri, seeking orders from the court to declare the structure as a protected monument. He approached the top court after the Delhi high court refused to allow his plea in February 2019.

On Tuesday, a bench headed by justice Sudhanshu Dhulia said, “The RWA should explain to this court as to how much cost they should be asked to pay for unauthorisedly occupying structure for more than 60 years.”

The report by Sankaranarayanan highlighted illegal parking in the area abutting the structure, which is operated by the Municipal Corporation of Delhi (MCD). According to him, the parking had diminished the heritage value of the building and impeded its visibility and access.

RWA president Ranjeet Singh said that Defence Colony has a close-knit community, and expressed confidence in dealing with the situation. “However, we have not asked anyone that they must pay,” Singh said.

Defence colony is estimated to have around 1600 residential plots and it is estimated to have around 4800 households, RWA stated.

Several defence colony members said that a vice note from RWA was circulated regarding the fine with an appeal but no formal directive has been issued.