‘How dare you enter this tomb?’ Why Supreme Court blasted Delhi residents’ body

The Supreme Court slammed the Defence Colony Welfare Association (DCWA) for occupying a 700-year-old Lodhi-era tomb in Delhi and pulled up the Archaeological Survey of India (ASI) for its failure to protect the monument. The Supreme Court said it would appoint an archaeological expert to study the extent of damage caused to the monument and suggest restoration measures.
The RWA, which had occupied the Gumti of Shaikh Ali in the 1960s, justified its act by saying that the monument would have been damaged by anti-social elements otherwise. The RWA was found to be using the 15th century structure as its office.
“How dare you enter into this structure. What kind of arguments are you making,” a bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah told the RWA.
The court said the RWA was speaking like colonial rulers. “The RWA is occupying the place and running its rule sitting in an AC-fitted office. Will it not pay any rent?” the court said.
The court also blasted the ASI for allowing the RWA to illegally occupy the monument. “What kind of authority are you (ASI)? What is your mandate? You have gone back from your mandate of protecting the ancient structures. We are perturbed by your inaction,” the top court said.
The court said it would direct the RWA to evict the structure and posted the matter for hearing on January 21, 2025.
The tomb was built during the Lodi Dynasty period, more than 500 years ago.
The Supreme Court’s stern remarks came on a petition by a resident of Delhi’s Defence Colony, Rajiv Suri. Suri requested the court to direct the authorities to declare the structure as a protected monument. Suri approached the top court after the Delhi High Court refused to pass directions in 2019.
In the previous hearing, the Supreme Court had asked the CBI to investigate how the RWA occupied the historical structure and submit a report. In its report, the CBI said the residents’ body had made several alterations to the structure, including constructing a false ceiling inside it.
In fact, the ASI was in the process of declaring the tomb a protected monument in 2004, but it was objected to by the RWA. Eventually, the plan was dropped by the ASI in 2008.
In its report, the CBI flagged the role of a former Union Minister on whose assurance the RWA continued its occupation of the structure. Noting this, the court said, “This will have repercussions”.