New Delhi: The Supreme Court on August 28 came down heavily on the Municipal Corporation of Delhi (MCD) for neglecting the historic Gumti of Shaikh Ali in Defence Colony. The Court directed MCD to file a detailed day-wise affidavit on the steps taken for the monument’s upkeep and the surrounding park.
Bench Flags Lapses in MCD’s Role
A Bench of Justices Ahsanuddin Amanullah and S.V.N. Bhatti expressed concern over the civic body’s casual approach. The judges said there were “serious lapses” in MCD’s handling of the matter and warned that strict action could follow if progress remained unsatisfactory.
Senior Advocate Gopal Shankarnarayan, appointed as Court Commissioner, updated the Court about the Gumti and nearby park. He highlighted delays in implementing earlier orders and noted that basic civic issues such as sanitation, drainage, electricity, and waterlogging remained unresolved.
Justice Amanullah remarked, “I am more than shocked that right from day one they have been treating this very casually.”
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Court Questions MCD’s Progress
Justice Bhatti questioned MCD’s counsel about steps taken so far and plans for the coming weeks. He warned that if doubts persisted, the Court might order an on-site video inspection of the Gumti.
MCD’s representatives assured the Court they would file an affidavit outlining the present status. The Bench, however, insisted on a comprehensive day-wise record of maintenance efforts.
Background of the Case
The case was initiated by a Defence Colony resident concerned about the Gumti’s historic value. He alleged that unauthorized changes by the Defence Colony Welfare Association had damaged the structure.
The monument has been at the center of disputes since 2004, when the Central Government expressed intent to declare it a monument of national importance. Objections and delays within the Archaeological Survey of India stalled the process.
After the Delhi High Court dismissed his plea, the resident approached the Supreme Court, seeking protection of the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Earlier, the apex court even directed the CBI to conduct a preliminary enquiry into alleged occupation and alterations of the site. On July 16, 2025, it warned that MCD’s conduct might amount to obstruction of justice and ordered demolition of unauthorized structures near the Gumti.
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