SC slams MCD for ‘ego’ in Gumti restoration

The court’s stern observations came after court commissioner Gopal Sankaranarayanan submitted a report documenting the poor upkeep of the site despite repeated directions. Photographs attached to the report showed strewn garbage, broken walls, and the absence of basic utilities like electricity, even as civic officials claimed that conservation work was underway

Slamming the Municipal Corporation of Delhi (MCD) for turning heritage restoration into an “ego issue,” the Supreme Court on Wednesday gave the civic agency time till July 17 to clear the garbage-strewn premises of the 700-year-old Gumti of Shaikh Ali in Defence Colony or face contempt proceedings.

Built during the Lodi era, the Gumti was declared “protected” by the Delhi government’s archaeology department last month. (RAJ K RAJ /HT PHOTO)

The court’s stern observations came after court commissioner Gopal Sankaranarayanan submitted a report documenting the poor upkeep of the site despite repeated directions. Photographs attached to the report showed strewn garbage, broken walls, and the absence of basic utilities like electricity, even as civic officials claimed that conservation work was underway.

“There appears to be a serious ego issue with the Corporation. When we thought things are coming back on track, you have abandoned this place like a child thrown into the dustbin,” remarked a bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah, expressing displeasure at the MCD’s non-compliance.

Built during the Lodi era, the Gumti was declared “protected” by the Delhi government’s archaeology department last month. For close to 60 years, the monument had been illegally occupied by the local residents’ welfare association (RWA), while the MCD operated an office and a parking area adjoining the structure. The occupation ended only after the top court intervened and directed the premises to be vacated.

In May, the MCD handed over possession of the land to the Union government’s Land and Building department. On May 14 and 16, the court directed both MCD and the archaeology department to clean and clear the area around the monument. However, Sankaranarayanan told the court on Wednesday that his attempts to contact MCD officials since then had gone unanswered.

“This inaction amounts to clear obstruction in the path of administration of justice,” the bench observed, noting that the MCD appeared to have acted “with a grudge and a heavy heart.”

Senior advocate Garima Parshad, appearing for MCD, said the agency was awaiting formal orders from the archaeology department to begin clean-up. The court, unimpressed, said it would consider initiating contempt proceedings if the site remained neglected beyond July 17.

“From the photographs given to us, it is clear the whole area is in a mess — there is garbage everywhere, half-broken walls, and waste littered all around… It looks like a warzone where you have left it,” the bench said.

The judges also took issue with the wording of the Delhi government’s gazette notification declaring the monument protected. The court objected to the use of the phrase “as directed by the court” in the notification.

“Did we direct you? We only facilitated you,” the bench said. “It appears that only when you were under pressure from court, you did it. Probably you misplaced our trust.”

Delhi government counsel Subranshu Padhi said the notification would be revised to replace “directed” with a more appropriate phrase, such as “under consideration.” He assured the court that a corrected version would be submitted on July 23, the next date of hearing.

Under the existing notification, no construction is permitted within 50 metres of the protected monument, while the next 100 metres falls under a “restricted” zone, where construction requires prior permission from authorities.

The court also directed the Delhi government, in consultation with MCD and the court commissioner, to prepare a beautification and improvement plan for the area surrounding the monument.

It allowed Sankaranarayanan to inspect the site before the next hearing and directed the MCD to respond to all communications and queries posed by him.

The case began with a public interest plea by Defence Colony resident Rajeev Suri, whose campaign led to the monument being declared protected and encroaching entities—such as the MCD office, RWA, a DJB pumphouse, and a parking lot—being cleared. In August 2024, the court asked the CBI to verify Suri’s claim that a 2004 ASI notification to protect the Gumti was dropped due to RWA objections; the agency confirmed this. That November, the court appointed heritage expert Swapna Liddle to assess damage and recommend restoration. A technical panel was later formed by the Delhi government to act on her report, which is to be submitted in court on July 23.