No Commercial Activity In Park Near Historic Gumti of Shaikh Ali In Delhi: Supreme Court Orders

The Supreme Court directed that the park near the historic Gumti Structure at Defence Colony, New Delhi shall not be used for any other purpose such as construction of Badminton Court, Basketball Court or commercial activity, given the limitations of the area itself.

The Writ Petition was filed in 2019 to protect the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

A Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed, “The only direction which needs to be given here is that it should not be used for any other purpose and no activity such as construction of Badminton Court, Basketball Court etc. be made considering the limitations of the area itself. Needless to say, there will be no commercial activity, nor any kiosks/shops be allowed in the area.”

Senior Advocate Shikhil Shiv Suri represented the Petitioner, while Senior Advocate Garima Prasad and Advocate Shubhranshu Padhi represented the Respondents. Senior Advocate Gopal Sankaranarayanan assisted as the Court Commissioner.

Case Brief

The Petitioner contended that the Gumti, which is believed to be of historical importance, has been compromised due to unauthorized modifications made by the Defence Colony Welfare Association (DCWA). The controversy began in 2004 when the Central Government, through a Gazette Notification, expressed its intention to declare the Gumti a monument of national importance. However, objections were raised by the DCWA, leading to a prolonged period of deliberation within the Archaeological Survey of India (ASI).

The Petitioner had approached the Court after the Delhi High Court dismissed his plea seeking protection of the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Earlier, the Supreme Court directed the CBI to conduct a preliminary enquiry into the circumstances surrounding the occupation and alleged alterations of a historic Gumti structure.

On July 16, 2025, the Supreme Court recorded in its order, “We were inclined to issue notice under the Contempt of Courts Act on this as prima facie we are of the opinion that the action on the part of the MCD amounts to an obstruction to justice.”

Further, the Supreme Court asked the Municipal Corporation Delhi (MCD) to demolish all unauthorized structures and clean the area and hand it over to the Department of Archaeology.

Court’s Observation

The Bench noted that a corrigendum will be notified regarding the notification declaring the Gumti as a ‘protected monument’ in exercise of powers under Section 4 of The Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004. It was also noted that MCD has cleared the waste lying in the park and will continue to perform its duties.

The Bench found that following steps are pending with regard to the protection of Gumti structure:

1. Finalising the Restoration Plan and completion of restoration work of the Gumti

2. Publication of the notification declaring the Gumti as a protected monument

3. Levelling of the entire Gumti area and removal of remaining debris

4. Finalization of the landscape plan of the Gumti Area, including the extent of permissible activities (such as cycling, running track, etc.)

“The park which consists of 04 quadrants, as it exists now, shall be maintained and beautified so that it retains its natural beauty and may be used for the benefit of the general public”, the Court observed.

The Bench directed that the said park should not be used for any other purpose and no activity such as construction of Badminton Court, Basketball Court etc. be made considering the limitations of the area itself.

“Needless to say, there will be no commercial activity, nor any kiosks/shops be allowed in the area”, the Court added.

Accordingly, the matter was adjourned.

Cause Title: Rajeev Suri V. Archaeological Survey of India (SLP © No. 12213/2019)

Appearance:

Petitioner: Senior Advocate Shikhil Shiv Suri, Advocates Madhu Suri, Jyoti Suri, Wamika Chadha, Ishita Ahuja, Vibhor Choudhary, Saurabh Jha, Deva Vrat Anand, T. R. B. Sivakumar, AOR

Respondent: ASG S.D Sanjay, Sudarshan Lamba AOR, Shubhranshu Padhi AOR, Senior Advocate Garima Prasad

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