‘Total callousness’: SC slams Delhi civic body, ASI over neglected heritage sites

The court’s strong observations came after it was apprised of an August 10 HT report on the sorry state of Lodhi-era tombs in Zamrudpur.

The Supreme Court on Monday pulled up the Municipal Corporation of Delhi (MCD) and the Archaeological Survey of India (ASI) for exhibiting “total callousness” and suppressing facts about the condition of the Capital’s heritage monuments, after news reports highlighting extensive encroachment at Lodhi-era tombs in Zamrudpur brought the discrepancy to the court’s notice.

Senior advocate SD Sanjay, appearing for the MCD, and additional solicitor general Aishwarya Bhati, appearing for the ASI, sought some time to report compliance.

The court also summoned the top officials of both agencies to appear before it and explain their conduct.

Posting the matter for October 7, a bench of justices Ahsanuddin Amanullah and N Kotiswar Singh directed, “We are left with no option but to direct the personal presence of the additional commissioner of MCD and director general, ASI, to show cause by way of affidavit why this court should not take serious note of such conduct and pass appropriate orders.”

The court’s strong observations came after it was apprised of an August 10 Hindustan Times report on the sorry state of Lodhi-era tombs in Zamrudpur, which have been heavily encroached upon. The report was cited in an application filed by Delhi resident Rajeev Suri, through whose petition the court has been monitoring the preservation and upkeep of heritage structures and sites in the Capital.

The court was informed that the MCD had filed a status report on April 10 stating that, upon survey, one of the five tombs located in Delhi’s Zamrudpur was found in a satisfactory state, while encroachment and littering had been noticed around three structures.

The bench, however, took strong exception to the MCD’s position.

“There is total callousness and suppression of facts by the MCD, as it is revealed how MCD took a categorical stand that such structure(s) was free of encroachment,” the bench said.

‘Pictures are so appalling’: SC questions MCD claim

Referring to the HT report of August 10 and an earlier report published in another national daily, the court said, “The pictures are so appalling. We are not able to understand how such a stand could be taken by MCD.”

The court-appointed commissioners, led by senior advocate Gopal Sankaranarayanan besides advocates Nipun Saxena and Vishal Sinha, pointed out that there are five Grade-I heritage buildings in Zamrudpur under the MCD, of which one cannot be traced.

A list submitted by the commissioners detailed the other four properties. Two are under the MCD’s control — Lal Mahal in Nizamuddin, reported as missing in an INTACH report of 2020, and Tilangani Tomb, which has been encroached upon and is being used as living space.

The other two are under the ASI’s control — Atgah Khan’s tomb, which is completely damaged and encroached upon, and Gogabai’s Tomb and Lal Chaubara, which are fully encroached upon, with portions demolished.

ASI affidavit also questioned over ‘good state’ claim

Finding fault with the ASI as well, Sankaranarayanan said, “In April, the ASI filed an affidavit in this court which showed these two monuments (under ASI) to be in ‘good state of preservation’ with no encroachment.”

Warning the agencies against submitting inaccurate survey reports in the future, the bench said, “If this situation continues with regard to all structures of which MCD/ASI have purportedly conducted a survey and given a report that is found to be incorrect, this court will straightaway take action against the officials.”

The court also appreciated the reporters of the two newspapers, including HT, for bringing the ground reality to the public domain. It allowed the court-appointed commissioners to get in touch with the reporters to obtain details of similar structures that are under encroachment, contrary to the position taken by the authorities before the court.

While the court was inclined to pass harsh orders against the MCD and ASI officials for allegedly misleading it, senior advocate SD Sanjay, appearing for the MCD, and additional solicitor general Aishwarya Bhati, appearing for the ASI, sought some time to report compliance.

Sanjay told the court that soon after the news reports surfaced, the MCD commissioner took remedial measures and ordered the removal of encroachments. He also pointed out that, in some of the structures under scrutiny, there had initially been a dispute over ownership, which was later settled.

The bench, however, told the MCD, “How can you justify there is no encroachment when there are people living there? It is more objectionable for you to have said there is no encroachment.”

Suri, represented by senior advocate Shikhil Suri, told the court that the MCD’s status report was “mostly cut and paste” from INTACH’s report, and that the discrepancy had now been exposed, with the civic agency being found to have misled the top court.

Suri further submitted that most of the measures to clear the encroachments were taken only after the publication of the news reports, and that such “indifference” to the court’s orders could not be justified.

Suri’s petition initially concerned the Gumti of Shaikh Ali in Defence Colony, following which the court directed the removal of all encroachments and securing of a “protected” monument tag for the structure.

At Suri’s instance, the court subsequently undertook the exercise of monitoring similar structures listed in INTACH’s 2021 report, which documented more than 1,100 notified heritage sites and structures in Delhi, dating from the pre-Mughal period (pre-1526 AD) to the late Colonial period (up to 1947). Of these, 173 sites are under the direct supervision and management of the ASI, while the remaining structures are under the control and management of the Delhi government, MCD and NDMC.