SC warns of criminal action over delay in conserving monuments inside Delhi Golf Club

The bench requested court-appointed commissioner and senior advocate Gopal Sankaranarayanan to conduct a site visit and verify the claims, and posted the matter for hearing next Monday

The Supreme Court on Monday warned of criminal action against New Delhi Municipal Council (NDMC) officials over delays in conserving heritage structures inside the Delhi Golf Club, saying it would “break the myth of an elitist organisation going scot-free” while ordering a court-appointed commissioner to inspect the site before the next hearing.

Environment conservationist Swapna Liddle, who is assisting the court in the matter, had submitted a report on the dilapidated condition of monuments (above) inside the Delhi Golf Club. (HT Archive)

A bench of justices Ahsanuddin Amanullah and N Kotiswar Singh said, “We have to take NDMC to task. There is total abdication of duty, and even by the Land & Development Office.”

The observation came pursuant to an order passed by the court on May 4 summoning the NDMC chairperson over a report prepared by environment conservationist Swapna Liddle, who is assisting the court in the matter, on the dilapidated condition of monuments inside the Delhi Golf Club.

Going through the NDMC response, the court noted that in February 2024, the NDMC along with the Heritage Conservation Committee had asked the Delhi Golf Club to take steps within six months to conserve eight ancient monuments inside the club premises.

The eight sites include an early Mughal tomb, a late Mughal tomb, Mir Taqi’s tomb, Tomb of Syed Abid, Gateway and Barah Khamba, among others. Of these, NDMC said conservation of Grade-I heritage sites had been completed with assistance from the Aga Khan Trust for Culture.

“Why did you wait to take action after six months till this proposal came up? Whom are you afraid of? This reflects very poorly on NDMC. Just because they (DGC) are well connected, you give them an extension,” the court said.

NDMC chairperson Keshav Chandra, who was present in court, apologised and said conservation work on four of the eight structures had been completed. Since these monuments required craft- and skill-based experts, the work got delayed, Chandra said.

The bench requested court-appointed commissioner and senior advocate Gopal Sankaranarayanan to conduct a site visit and verify the claims, and posted the matter for hearing next Monday.

The bench said, “Granting a two-year extension is absolutely atrocious. This calls for registration of an FIR. All officials of NDMC since 2024 shall be named as accused. We will direct closure of sports and other activities within 50 metres of the structures. We are going to break the myth of an elitist organisation going scot-free.”

Sankaranarayanan told the court that he would conduct an inspection and submit a report. “Give us an actual report. Some drastic action has to follow. We are going to drop a bomb. If necessary, we will advertise and people of this country will step forward to adopt these monuments. It will show you in poor light,” the bench said.

The May 4 order also sought a response from the Delhi government’s archaeology department on the report submitted by Liddle, which highlighted the presence of a 1397 monument, “Kharbooze ka Gumbad”, inside a private school in south Delhi. The Delhi government, in its response filed through advocate Swati Ghildiyal, said the monument was part of land leased to the school in 1975 and that conservation efforts were initiated in 2021.

The government said Kharbooze ka Gumbad was among 75 structures in the capital where conservation works had been undertaken. It added that only 35 of these had been identified for preliminary declaration as protected monuments.

The court said, “We cannot wait for your sweet time to declare these monuments protected. We express our deep reservation and concern over the lackadaisical action by the Delhi government. There has been a total lack of will for reasons best known to them.”

The court gave one more opportunity to the government to act before the next date of hearing.

The order came in a petition filed by Delhi resident Rajeev Suri, who had initially sought protection of Gumti of Shaikh Ali in Defence Colony, which has now been declared a protected monument.

In February this year, the court was shown a 2021 report by Indian National Trust for Art and Cultural Heritage (INTACH) documenting heritage sites in Delhi. The court expanded the scope of the petition and sought details on the preservation status of these structures, along with updates on fencing and boundary demarcation, maintenance of sites, existence of encroachments, budgetary constraints and local community involvement, among other aspects.

While 173 of these sites are under the direct supervision and management of the Archaeological Survey of India (ASI), the remaining structures fall under the control of the Delhi government, the Municipal Corporation of Delhi and the NDMC.

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