Supreme Court pulled up ASI and MCD over alleged neglect of Delhi heritage sites.
Bench found Lodhi-era monuments being used as a cow shed and dumping ground.
Senior government officials have been directed to appear before court on October 16.
The Supreme Court on Wednesday pulled up the Municipal Corporation of Delhi (MCD) and the Archaeological Survey of India (ASI) over what it described as serious failures in protecting and maintaining heritage sites in Delhi.
A bench of Justice Ahsanuddin Amanullah and Justice NK Singh made the observations while hearing a matter concerning the preservation of the Lodhi-era Shaikh Ali 'Gumti'. The proceedings later expanded to cover several other monuments in the city after Senior Advocate and Court Commissioner Gopal Sankaranarayanan placed material before the court.
The bench was particularly critical after finding that a Lodhi-era monument was being used as a cow shed and dumping ground, while the 13th-century Lal Mahal in Nizamuddin was allegedly facing private encroachment.
SC Questions ASI, MCD Over Monument Neglect
The Director General of the ASI was present in court under an earlier direction when Justice Amanullah said that “none of the heritage sites is worth visiting because of the apparent negligence on the part of the ASI”, according to LiveLaw.
The bench also said that “the MCD is no more capable of maintaining any heritage sites in Delhi”.
The court's concerns followed reports placed before it about monuments allegedly being used as garbage dumping sites. The bench had earlier observed that both the ASI and MCD had made incorrect claims in their affidavits about the maintenance of the sites.
Sankaranarayanan told the court that Lal Mahal was a 13th-century historic palace in Nizamuddin and found mention in the writings of Ibn Battuta. He alleged that the monument had suffered partial demolition and encroachment by private builders.
He also questioned why the ASI had not notified the site as a protected monument. Sankaranarayanan said he and his team were prevented from inspecting the structure after being told that it was private property.
The bench then questioned MCD counsel SD Sanjay about the status of the land. When counsel could not provide the holding number, Justice Amanullah said, “You are totally casual...Give us the names of the officers who have instructed you! We will suspend them today itself from the Court. Unbelievably shocking.”
Zamroodpur Tombs Used As Cow Shed, Dumping Ground
The Lodhi-era Zamroodpur tombs also came under scrutiny during the hearing.
Sankaranarayanan told the court that the tombs were being used as a cow shed and dumping ground. Justice Amanullah questioned the ASI Director General and MCD over the condition of the site.
“How dare you use it as gaushala (cow shed)?...I don't think MCD is capable of maintaining monuments,” the judge said.
He further criticised the ASI, saying the agency had “totally lost their credibility” and alleging that its role had been reduced to collecting grants and maintaining guards at heritage sites.
The bench said the condition of the monuments indicated a wider problem rather than an isolated incident. Justice Amanullah referred to garbage being dumped on the floors of monuments and questioned the authorities' ability to undertake proper maintenance.
Officers Asked To Appear On October 16
The court said it found an “absolute lack of cohesion” among different government departments and observed that officials had failed to understand the seriousness of the matter.
It also noted that details regarding ownership, settlement and the present status of the sites had not been properly placed before it.
The bench said it was now time to consider “drastic action by passing strict orders”. However, following a request from the authorities' counsels, it refrained from passing stringent directions for the time being.
The court directed the Department of History and Culture, Government of India, through its Secretary, to be impleaded in the proceedings and ordered senior officials to remain present at the next hearing on October 16 at 1 pm.
Those directed to appear include the Secretary, Ministry of Culture; Commissioner, MCD; NDMC; Secretary, Department of Archaeology, Delhi government; DG, ASI; Vice Chairman, DDA; and DG, Central Public Works Department. DTTSC has also been directed to remain present.
The court said all other engagements of the officials would stand cancelled and that no substitute or nominee would be permitted to appear in their place. The bench also directed the Delhi Golf Club to file a fresh affidavit explaining the procedure followed, with reference to the applicable rules.
