Serious Lapses: Supreme Court Seeks Detailed Affidavit From MCD On Day-Wise Steps Taken For Maintaining Gumti of Shaikh Ali In Delhi

Today, the Supreme Court while hearing the PIL seeking protection of historic Gumti of Shaikh Ali located at Defence Colony, New Delhi remarked that there was serious lapses with regard to the role of Municipal Corporation of Delhi and asked them to file a detailed affidavit on day-wise steps taken for maintaining the Gumti.

Earlier, the Supreme Court directed that the park near the historic Gumti structure to be maintained and beautified so that it retains its natural beauty and used for the benefit of the general public.

The Bench of Justice Ahsanuddin Amanullah and Justice S.V.N Bhatti heard the matter and observed, "At the outset, there have been serious questions and lapses with regard to the role of MCD in the matter, as stated by Counsel for MCD, put up tomorrow."

Justice Amanullah asked whether the progress was satisfactory, upon which, Senior Advocate Gopal Shankarnarayan (Court Commissioner) apprised the Court about the current status of the Gumti Structure and the surrounded area.

Shankarnarayan highlighted the previous order regarding the maintenance of the Gumti and informed the Court, "unfortunately it's lagging behind." Justice Amanullah remarked that earlier we were assured that MCD would not lag.

"I am more than shocked that right from day one they have been treating this very casually", said Justice Amanullah.

Shankarnarayan further informed the Court that issues regarding sanitation, cleaning, drainage, electricity and waterlogging still persist at the Gumti area.

Upon which, Justice Bhatti intervened and asked the Counsel appearing for MCD, "What have you done till yesterday? What is the position today? What are you going to do in next four weeks..."

Justice Bhatti sternly remarked that in case the Court had the slightest doubts with regard to the progress made at Gumti, then the Court may consider sending someone to the Gumti and see the status directly via video call.

Senior Associate Garima Prasad, appearing for the MCD, informed the Bench that such issues were not mentioned to them. However, suggested that MCD would file an affidavit regarding the current status of Gumti.

"At the outset, there have been serious questions and lapses with regard to the role of MCD in the matter, as stated by Counsel for MCD, put up tomorrow", the Court recorded in its Order.

Justice Amanullah continued to direct that a detailed affidavit to be filed by MCD stating the day-wise steps taken for maintaining the Gumti.

Background

The Petitioner, a resident of Defence Colony, 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.

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