The Supreme Court has summoned the Municipal Corporation of Delhi (MCD) commissioner at 3pm on Thursday over repeated disregard of the orders for the maintenance of the area around a 700-year-old Lodi-era protected monument in Defence Colony.
A bench of justices Ahsanuddin Amanullah and SVN Bhatti issued the direction after the court commissioner, senior advocate Gopal Sankaranarayanan, showed photographs of the area when he visited the site on Wednesday. In his report, Sankaranarayanan said construction debris from a demolition was lying near the monument, Gumti of Shaikh Ali, for almost two months.
The bench asked, “Is there an ego issue? Having considered the matter, we feel there is too much miscommunication between the MCD and the court. We direct the MCD commissioner to remain present today [Thursday] before the court at 3pm.”
The court on July 31 directed the MCD to ensure daily maintenance and cleaning of the area around the monument. In August, Sankaranarayanan reported the area was waterlogged with waste littered around.
In his latest report, he said he has given up on the MCD. “There is no movement at all despite the court orders. During my visit, I took lawyers along...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.”
{{/usCountry}}In his latest report, he said he has given up on the MCD. “There is no movement at all despite the court orders. During my visit, I took lawyers along...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.”
{{/usCountry}}Senior advocate Garima Prashad, who represented the MCD, said that there is miscommunication. She added that the MCD has been regularly conducting clearing of the area, and whatever was found at the site may be the debris from the restoration work. Prashad said work was being done on the path to the monument. She added that the rains have also contributed to the waste around the monument, even as she complained that the court commissioner’s report was not shared with her.
The bench told Prashad that 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. If a dignitary is coming, you will clean it in two hours. Is this the respect you show to our orders?”
In August, the court said its patience was running out as it expressed dismay over choked drains, lack of sanitation, and construction waste lying in a park near the structure. The court had asked the MCD to file a report on compliance with its earlier orders. On Thursday, the court noted that this report was not provided.
The court’s nudge led to the structure being cleared of unauthorised occupation. The local residents’ welfare association used it as their office. Last month, the Delhi government issued a notification declaring Gumti as a protected monument.
On August 28, the court cited serious questions and lapses on the role of MCD, and asked it to file a detailed affidavit on the steps taken daily to keep the area free from debris, waste materials, and drains unclogged. The court had directed the Delhi government, MCD, and concerned agencies to act in tandem to ensure the site is beautified and maintained.
Rajeev Suri, a resident of Defence Colony, approached the Delhi high court in 2018 for declaring Gumti as a protected monument, citing evidence to show it is a valuable part of Delhi’s history. Suri moved the Supreme Court after the high court dismissed his petition in February 2019.