The Supreme Court on Tuesday slammed Defence Colony Welfare Association (DCWA) for illegally occupying Gumti of Shaikh Ali at Defence Colony in Delhi and the Archaeological Survey of India for its failure to stop the same [Rajeev Suri v Archaeological Survey of India and Ors].

After examining a status report filed by the Central Bureau of Investigation (CBI), a Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah did not mince its words in castigating the residents association in very strong words.

"How dare you (DCWA) enter this? How dare you," Justice Dhulia asked.

"We were there for decades," the counsel for DCWA said.

"What kind of argument is this," Justice Dhulia shot back.

"Cannot be allowed. We will evict you in open court if needed," Justice Amanatullah weighed in.

"Anti-social elements will come," the DCWA counsel said but this irked the Bench further.

"You are speaking like colonial rulers you know. Like 'if we didn't come to India, what would have happened'," the Bench said.

The Court also pulled up the ASI for allowing the illegal occupation of the tomb by DCWA which had put up false ceilings and installed electric fans and furniture inside the structure.

"And how the ASI did a volte face only because electricity connection is there? Enough of these hanky panky things. We are going to haul people up! Because windows and tables and false ceilings have been put, nothing can be done? What rubbish?! Is this how local authorities act? Can it be allowed. We are very shocked," Justice Amanullah said.

"ASI has gone against its own mandate! How can you allow this for a 700-year Lodi era tomb," Justice Dhulia demanded.

The Court eventually proceeded to appoint an expert to study the extent of damage cause to the tomb and to suggest restoration measures.

The expert should submit the report within 6 weeks, the Court ordered before posting the matter for further consideration on January 21, 2025.

The Court lauded the CBI and petitioner Rajeev Suri for highlighting the encroachment.

Background

The top court was hearing a plea seeking directions for the protection and preservation of the tomb located next to Defence Colony market.

As per the National Mission on Monuments and Antiquities, the Gumti is an octagonal tomb built during the Lodi period more than 500 years ago.

The Delhi High Court had earlier refused to entertain the petitioner's plea seeking to declare the tomb as a monument of national importance.

The top court had issued notice in July 2019 on the appeal against the same, and passed a status quo order in March this year.

The plea before the top court said that the national capital's civic body had been trying to construct multi-level car parking and shopping plaza on the open land around the tomb.

The counsel for the ASI and Union governments in April this year told the top court that the structure was never allotted to the DCWA.

When the matter was heard in august, the apex court had directed the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry to find out how the Gumti came to be occupied by DCWA.

In its August order, the top court had directed the CBI to also examine how and under what circumstances the Centre and ASI had backtracked from their earlier stance of declaring the structure a protected monument.

Further, the central agency was asked to probe the additions or alterations made to the Gumti and find out why the authorities had not taken any preventive action.

Hearing today

During the hearing today, the Court examined the CBI's status report and said that its apprehensions were correct.

It castigated the ASI for allowing the illegal occupation.

"Serious issue, counsel. All our apprehensions were 100 per cent correct," the Court remarked.

The Court commended the CBI for bringing the facts before the Court.

"We really appreciate the agency for how it started the probe and its status report.........Of course the CBI is not an expert body for looking at historical work but they have done good work in informing this court of the sequence of events of the total neglect and illegal encroachment of this building of archaeological importance," the Court said.

The Court lauded petitioner Rajeev Suri for highlighting the illegal encroachment.

"Authorities have been silent for 60 years. We really appreciate the petitioner doing this pro bono, going to High Court. Why are you doing it? Are you a historian," the Court asked.

"I did study history your honour. I stay in defence colony only and have been castigated for it," Suri replied.

"You are fighting against your own shadow," Justice Dhulia said with a smile.

"He fought against Central Vista and new Indian Parliament also," an advocate for the opposite side pointed out.

"That is the beauty of India. No one can be castigated for these things," Justice Amanatullah said.

"That other challenge was not about new Parliament," Suri clarified.

But the Bench assured him that it was not examining that matter.

"We are not even into that. Why hold it against someone? That is the beauty of this country," the Court said.

The petitioner Rajeev Suri, appeared in-person.

Senior Advocate Shikhil Shiv Suri and advocate TRB Sivakumar represented him.

Additional Solicitor General Aishwarya Bhati with advocates Amrish Kumar and Shreekant Neelappa Terdal appeared for the Union government, the ASI and the Land & Development Office.

Advocates Rakesh Sinha, Arvind Gupta, Ghulam Akbar, Jeemon Raju K, Shruti Shashi and Sushant Shekhar appeared for the DCWA.