The Supreme Court on Tuesday slammed Defence Colony Welfare Association (DCWA) for illegally occupying Gumti of Shaikh Ali at Defence Colony and the Archaeological Survey of India for its failure to stop the same. After examining a status report filed by the Central Bureau of Investigation (CBI), a Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah did not mince its words in castigating the residents association in very strong words.
"How dare you (DCWA) enter this? How dare you," Justice Dhulia asked. "We were there for decades," the counsel for DCWA said. "What kind of argument is this," Justice Dhulia shot back.
“Cannot be allowed. We will evict you in open court if needed," said Justice Amanatullah. "How dare you (RWA) enter this tomb? How dare you?,â€Justice Sudhanshu Dhulia asked again.
The Court also pulled up the ASI for allowing the illegal occupation of the tomb by DCWA which had put up false ceilings and installed electric fans and furniture inside the structure.
The Court appointed an expert to study the extent of damage cause to the tomb and to suggest restoration measures. The expert should submit the report within 6 weeks, the Court ordered before posting the matter for further consideration on January 21, 2025.The top court was hearing a petition filed by Rajeev Suri, highlighting the encroachment and seeking directions for the protection and preservation of the tomb located next to Defence Colony market.
As per the National Mission on Monuments and Antiquities, the Gumti is an octagonal tomb built during the Lodi period more than 500 years ago. The Delhi High Court had earlier refused to entertain the petitioner's plea seeking to declare the tomb as a monument of national importance.
In its August order, the top court had directed the CBI to also examine how and under what circumstances the Centre and ASI had backtracked from their earlier stance of declaring the structure a protected monument. In August, the Court asked CBI to probe.
