What’s this burning issue making headlines in all leading media? 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 since the 1960s. “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, who requested the court to direct the authorities to declare the structure as a protected monument. The case has been active since the residents 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.” The ASI had attempted to declare the tomb a protected monument as early as 2004, but the proposal was blocked by the RWA. In 2008, the ASI abandoned the effort entirely, marking a major lapse in preserving the historical site.
Why is the Supreme Court so annoyed?
• There are thousands of old monuments in Delhi NCR, and some of them are not in good condition, but if all start using them as an office by pretending to save them, then who will stop them in the future after mutilating the originality and heritage of India.
• How come this tomb was used as the office of RWA with lots of modifications, including flooring, painting, false ceiling, AC, lights, and even a toilet created by the RWA?
• When RWA already has lots of land for its DCWA club and sports complex (allocated by the government for the use of residents), then why grab this archaeological tomb?
• Why is RWA hesitating to vacate it even if it was used for many decades? The residents agree to the plea that the RWA used it for an office to safeguard the place from any illegal use, but after clear directions from the honourable Supreme Court, it is wise to take the immediate decision to vacate it and shift to the DCWA club premises to facilitate the residents in a better manner. As the entire Gumbad area is now given to the parking contractor, the residents have to pay for the parking as and when they wish to visit the RWA office for their grievances, suggestions, and other matters. There is hardly any space in the Gumbad to accommodate more than 5-10 residents to hold any meetings or functions. The RWA is spending residents’ money to keep fighting these cases, which may be used for the welfare of the colony, which may be more useful for the residents.
