SC raps Delhi civic body for failing in upkeep of Lodi-era Gumti, orders action against officials

The MCD commissioner, who had been summoned earlier in the day, was also asked to present a time-bound proposal to complete the pending tasks at the site

New Delhi

The court reminded the MCD that it was required to clean the garbage daily, ensure sanitation and upkeep of drains, and lighting facilities in the area. (RAJ K RAJ /HT PHOTO)

The Supreme Court on Thursday reprimanded the Municipal Corporation of Delhi (MCD) for its inaction in cleaning and ensuring sanitation around the 700-year-old Lodi-era Gumti of Shaikh Ali monument in Defence Colony and directed the MCD commissioner to hold officers accountable for failing to comply with the court orders.

The MCD commissioner, who had been summoned earlier in the day, was also asked to present a time-bound proposal to complete the pending tasks at the site.

Examining a petition seeking restoration and preservation of the Gumti of Shaikh Ali, a bench of justices Ahsanuddin Amanullah and SVN Bhatti told MCD commissioner Ashwani Kumar that the civic agency’s approach in the matter showed there is some “ego issue” between the MCD and the archaeology department of the Delhi government, which is carrying out the restoration works.

Citing its orders of July 31 and August 28, which contained a clear mandate for the MCD to conduct daily cleaning, sanitation, electrification and overall maintenance of the area around the structure, the court showed the commissioner images from a report submitted by senior advocate Gopal Sankaranarayanan, who visited the site on Wednesday in his capacity as court commissioner, and found non-compliance of its orders.

“If a dignitary is coming, you will clean it in two hours and keep the area spic and span. Is this the respect you show to our orders? It is very difficult to restrain ourselves but is this the way you behave? Is there any ego issue that you say the archaeology department will do?” the bench said.

The hearing started at noon, when the court summoned the MCD commissioner by 3pm. Taking responsibility for the inaction by the civic agency, the MCD commissioner said, “There is some communication gap as regards the cemented portion. But I take responsibility that it will be removed.”

The court said that it never intended to summon the commissioner but was forced to do so. “Before coming to court, have you fixed responsibility on the officers concerned. Because of their approach, you have been summoned. If you issue them a memo, mark my words that by evening, everything will be cleared,” the bench remarked, adding, “This is the last opportunity you will get.”

The court posted the matter after two weeks on September 18 but called for a report from MCD on two aspects: officers responsible for disobeying court orders and action taken in this regard, and the time-framed action plan to deal with the gaps shown by the court commissioner. Besides, the court directed the MCD to depute a senior official to monitor the situation on a day-to-day basis and to share the details of the officer with the court commissioner.

The MCD commissioner sought time till Wednesday to comply.

The court reminded the MCD that it was required to clean the garbage daily, ensure sanitation and upkeep of drains, and lighting facilities in the area. The court also sought a time-bound report from the archaeology department on the restoration of the Gumti.

Earlier in the day, when the matter was heard, the bench remarked, “We feel there is too much of a miscommunication between the MCD and the court.”

On August 28, a similar situation arose when Sankaranarayan presented a report about choked drains, waterlogging and waste scattered near the monument. Presenting his latest report, the court commissioner said, “I have now given up on MCD. There is no movement at all despite the court orders. During my visit, I took lawyers along and we saw construction debris that is yet to be cleared. The officers said that they are awaiting orders from the committee which is looking after the restoration of the monument being carried out by the Delhi government’s archaeology department.”

The MCD, represented by senior advocate Garima Prashad, said that there is “miscommunication” as the MCD has been regularly conducting clearing of the area, and whatever was found by the commissioner at the site may be the debris from the restoration work. She also cited rain as a reason for the waste.

The bench told Prashad, “MCD is one of the biggest corporations in the country. With the wherewithal it has, how much time does it take to clean 4-5 inches of debris?”

It was on the court’s nudge that the 700-year-old structure was cleared of unauthorised occupation by the local residents’ welfare association (RWA), who used it as their office. In July, the Delhi government issued a notification declaring the Gumti a “protected” monument under the Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004.

The court passed the order while hearing a petition filed by Rajeev Suri, a resident of Defence Colony, who initially approached the Delhi High Court in 2018 for declaring the Gumti a “protected monument”. He gave evidence to show that the Gumti was a valuable part of Delhi’s history, which finds mention in the survey of monuments of Delhi carried out in 1920s by Maulvi Zafar Hasan, the then Deputy Superintending Archaeologist. This was published in 1926 by ASI as “Last of Muhammadan and Hindu Monuments”.

His petition was dismissed by the Delhi High Court on February 20, 2019, following which he approached the top court. Senior advocate Shikhil Suri, appearing for the petitioner, said that the MCD should not offer a “transitional” service. His remark came in response to MCD’s argument that once the site is declared “protected”, employees of the archaeology department undertake cleaning and without their approval, the MCD could not perform this task.