New Delhi: The Supreme Court has sharply criticised the Municipal Corporation of Delhi (MCD) for failing to maintain cleanliness around the Lodhi-era monument, Gumti of Shaikh Ali, in Defence Colony. The bench noted that the civic body reacts only when VIPs are expected, ignoring its duty otherwise.
Bench Warns of Accountability
A bench comprising Justices Ahsanuddin Amanullah and S V N Bhatti reprimanded the MCD, saying, “You will clean it in two hours if a dignitary is coming.” The court stressed that its orders must be followed consistently, not only before high-profile visits.
The judges directed the MCD commissioner to hold responsible officers accountable and submit a detailed action plan to address the lapses highlighted by the court.
Daily Supervision Ordered
The Supreme Court also ordered that a senior officer be appointed to supervise cleaning and maintenance of the monument daily. The officer’s details must be shared with senior advocate Gopal Sankaranarayanan, appointed by the court as commissioner in this matter.
After reviewing the commissioner’s report on September 4, the bench found that previous directives had not been implemented. The court summoned the commissioner to appear personally at 3 pm the same day, stating:
“We find too much of a communication gap between the court and the MCD. The commissioner must be present so orders are implemented in the right spirit.”
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Court Expresses Frustration Over Inaction
The judges observed that ample latitude had been given to the MCD to comply, but hopes were repeatedly dashed. Upon appearing, the commissioner acknowledged a communication gap regarding the cemented area and assured the court that it would be removed.
The matter is now scheduled for further hearing on September 18. The apex court directed the MCD to file a report on officers who failed to follow orders and outline disciplinary action.
Historical Context and Legal Backing
The dispute dates back several years. Earlier, the Supreme Court had halted construction of badminton and basketball courts inside the park surrounding the monument. The Delhi government was also ordered to issue a fresh notification declaring the Gumti of Shaikh Ali a protected monument under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958.
The present plea, filed by Defence Colony resident Rajeev Suri, sought protection of the monument under the AMASR Act. His plea was dismissed by the Delhi High Court in 2019 before being taken to the Supreme Court. Since then, the court has issued repeated directions to remove encroachments, halt illegal occupation, and beautify the monument and its surroundings.
Protected monuments under the AMASR Act are legally safeguarded against damage, destruction, and unauthorised construction or excavation.
