New Delhi: The Supreme Court on Wednesday issued a stern rebuke to the Defence Colony Welfare Association (DCWA) for illegally occupying a 700-year-old tomb in Delhi, dating back to the Lodi Dynasty. The court also reprimanded the Archaeological Survey of India (ASI) for failing to protect the historical monument, calling out its inaction and questioning its authority.

The tomb in question, the Gumti of Shaikh Ali, a significant structure from the 15th century, has been occupied by the DCWA since the 1960s. The residents’ welfare association (RWA) justified its occupation by claiming that the monument would have been vandalized by anti-social elements had it been left unprotected. However, the Supreme Court was not convinced by this argument. 

“How dare you enter into this structure? What kind of arguments are you making?” a bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah sharply questioned the RWA representatives. The court further expressed its disbelief at the RWA’s actions, saying, “The RWA is occupying the place and running its rule sitting in an AC-fitted office. Will it not pay any rent?” The court also accused the association of behaving like “colonial rulers” in their treatment of the monument.

The ASI, which is tasked with preserving and protecting India’s historical monuments, was equally castigated. “What kind of authority are you (ASI)? What is your mandate? You have gone back from your mandate of protecting ancient structures. We are perturbed by your inaction,” the court stated, slamming the national agency for allowing the illegal occupation to continue for decades.

In response to the damage caused to the tomb by the RWA’s occupation, including unauthorized alterations such as the construction of a false ceiling, the Supreme Court announced plans to appoint an archaeological expert to assess the extent of the damage and recommend restoration measures. The court also made it clear that the RWA would be directed to vacate the premises and ordered a hearing on the matter for January 21, 2025.

The tomb, which was built more than 500 years ago during the Lodi Dynasty, has been a subject of concern for heritage preservationists for years. Delhi resident Rajiv Suri, who filed the petition prompting the Supreme Court’s intervention, had previously approached the Delhi High Court in 2019, seeking to have the structure declared a protected monument. However, the High Court refused to pass any directions, prompting Suri to escalate the issue to the Supreme Court.

The case has also drawn attention to the role of political figures in the RWA’s continued occupation of the tomb. According to a report by the Central Bureau of Investigation (CBI), a former Union Minister had reportedly assured the RWA that they could retain control of the monument, a claim that the court warned would have significant 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.