The Supreme Court has expressed deep concern over the neglect faced by historical monuments and sites in Delhi, particularly those located on private premises. In a recent order, a bench comprising Justices Ahsanuddin Amanullah and N Kotiswar Singh held government authorities accountable for the preservation of these heritage structures.
Court summons NDMC chairperson
The court summoned the chairperson of the New Delhi Municipal Council (NDMC) to appear before it and explain the lack of supervision over leased heritage sites. The bench also made it clear that the Delhi Police chief would be personally liable for ensuring compliance with its directives to protect these monuments.
Report on neglected sites
The court's directions came after examining a report submitted by conservationist Swapna Liddle, who was tasked with surveying protected monuments and heritage sites. She highlighted several neglected monuments, including those within the premises of the Delhi Golf Club and Panchsheel Public School in Sadhana Enclave.
The bench noted that these sites "seem to be totally neglected" and expressed surprise that such historically significant sites were handed over to private entities. It accused the NDMC of turning a blind eye and failing to maintain vigilance or supervision to ensure lessees fulfill their obligations to maintain the structures.
Gross negligence and abdication
The court described the NDMC's conduct as "a case of gross negligence and abdication, also reflecting casualness." It ordered the civic body's chairperson to be physically present in court on the next hearing date, along with a show-cause explanation for failing to supervise the maintenance of leased structures.
Police liability and action against encroachment
The Supreme Court further directed the police commissioner to instruct station house officers (SHOs) that all protected or historically important heritage sites must be shielded from encroachment, theft, mutilation, and vandalism. It warned that any dereliction of duty by police officers would lead to the suspension of the concerned SHO. The court added that if its order is not complied with, the commissioner of police and the deputy commissioner of police would be personally liable for appropriate action.
Monument in school premises
Regarding the monument on the premises of Panchsheel Public School, the court demanded an explanation from the Delhi government. It sought details on how Kharbooze Ka Gumbad in Sheikh Sarai, built in 1397, was settled with the private school and what conditions were imposed for its preservation and maintenance.
Background of the case
The case originated from a plea filed by Rajeev Suri, who sought to have Gumti of Shaikh Ali, a Lodhi-era monument in Delhi's Defence Colony, declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Subsequently, the court decided to examine the condition of all such neglected or encroached structures.
