'How Dare You Enter This Tomb?' Supreme Court Slams Delhi Residents’ Body

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

tomb in question, Gumti of Shaikh Ali, a significant structure from 15th century, has been occupied by DCWA since 1960s. residents’ welfare association (RWA) justified its occupation by claiming that monument would have been vandalized by anti-social elements h it been left unprotected. However, 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 RWA representatives. court furr expressed its disbelief at RWA’s actions, saying, " RWA is occupying place and running its rule sitting in an AC-fitted office. Will it not pay any rent?" court also accused association of behaving like "colonial rulers" in ir treatment of monument.

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," court stated, slamming national agency for allowing illegal occupation to continue for deces.

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

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

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

ASI h attempted to declare tomb a protected monument as early as 2004, but proposal was blocked by RWA. In 2008, ASI abandoned effort entirely, marking a major lapse in preserving historical site.