"Action Of MCD Amounts To Obstruction Of Justice": Supreme Court While Asking Delhi Govt. To Modify Notification Declaring Gumti Structure As Protected Monument

The Supreme Court, in a PIL seeking protection of the Historic Gumti structure located at Defence Colony, Delhi, asked the Government of NCT, Delhi to make necessary modifications in the notification declaring the monument as a 'protected monument'. Further, it asked the Municipal Corporation Delhi (MCD) to demolish all unauthorized structures and clean the area and hand it over to the Department of Archaeology.

The Writ Petition was filed in 2019 to protect 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.

A Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed, "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."

Senior Advocate Shikhil Shiv Suri represented the Petitioner, while Senior Advocates Garima Prasad and Gopal Sankaranarayanan represented the Respondents.

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.

Court's Observation

The Supreme Court noted that the Municipal Corporation of Delhi (MCD) has evicted the disputed premises and has handed over the keys to the Land & Development Office (L&DO) who in turn has handed over the keys and possession to the Department of Archeology, Govt.of NCT of Delhi.

"All the same while doing so, as is clear from the photographs which have been shown to us by Mr. Gopal Sankaranarayanan, learned senior counsel (Court Commissioner) in the Court today, the whole area has been turned into a mess; we can see huge piles of garbage littered in the premises; there are half broken walls, and waste all around. We have also been informed by the Court Commissioner that the MCD has not only failed to perform its statutory duty of cleaning the garbage and keeping the area clean but the entire area is also in dark as it is without electricity for the last three weeks", the Bench said.

Further, the Court was also inclined to issue notice under the Contempt of Courts Act as it was of the prima facie opinion that the action on the part of the MCD amounts to an obstruction to justice.

"Under these circumstances, the MCD should have responded to the queries being made by the Court Commissioner as he is presently the eyes and ears of this Court. We shall examine this aspect on the next date", the Court remarked.

However, after being assured that there is no such intention on the part of the MCD or its officers and that the needful will be done at the earliest, contempt notice was not issued.

Furthermore, the Bench said, "We have seen the notification dated 11.06.2025. Mr.Padhi, and the learned senior counsel/counsel has rightly said that the notification is not happily worded and that a suitable modification in the notification will be made of which this Court will be apprised on the next date of hearing."

Meanwhile, the Supreme Court said that the Court Commissioner shall inspect the area and apprise the Court as to the compliance of the order of the Court and the developments made so far.

"The concerned parties and the stakeholders in the case, including the Department of Archaeology, will carve out a plan for the development of this area, to be placed before the concerned authority", the Court added.

Accordingly, the matter was adjourned to July 23, 2025.

Cause Title: Rajeev Suri v. Archaeological Survey of India & Ors. (SLP (C) No.12213/2019)

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