SC pulls up ASI for inaction in protecting Lodhi-era monument from illegal occupation
By : PTI
Update: 2024-11-13 11:57 GMT
New Delhi: The Supreme Court has pulled up the Archaeological Survey of India for failing to protect a Lodhi-era monument at Defence Colony here with the CBI flagging that a Resident Welfare Association was using the 15th century structure as its office. Fuming over the inaction on the part of the Archaeological Survey of India (ASI) for allowing the Resident Welfare Association (RWA) to occupy the structure since the 1960s, a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said, "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."
It also pulled up the neighbourhood RWA, which had occupied 700-year-old Lodhi era tomb "Gumti of Shaikh Ali" in 1960s and for justifying its occupation by saying that if it had not occupied it then the anti-social elements could have damaged it.
"How dare you enter into this structure. What kind of arguments are you making," the bench told the RWA while making it clear that the occupation cannot be allowed under any circumstances.
During the hearing on Tuesday, Justice Dhulia told the counsel for the RWA that the court will direct for evicting the structure in which according to the report of the CBI several alterations have been made by the association.
The top court was hearing a petition filed by one Rajiv Suri, a resident of Defence Colony, seeking directions from the court for declaring the structure as a protected monument under the Ancient Monuments and Archeological Sites and Remains Act of 1958.
He has challenged the Delhi High Court order of 2019 by which it has refused to pass the directions.
The top court had earlier this year asked the CBI to probe into the circumstances under which the structure came to be occupied by the RWA as its office and submit its report.
The probe agency told the court there were several alterations made in the structure by the RWA, including a false ceiling inside the structure.
The top court was also informed that in 2004, theI started the process of declaring the tomb as a protected monument but dragged its feet upon objection from the residents' body. It was also informed that in 2008, the Centre also dropped the plan of declaring it as a protected structure.
Justice Amanullah also expressed his displeasure over the conduct of the RWA and their arguments that anti-social elements would have occupied and said it is speaking like colonial rules as the Britishers would not have come to India, then what would have happened.
The bench said, "The RWA is occupying the place and running its rule sitting in an AC-fitted office. Will it not pay any rent?"
Suri's plea referred to several historical records and said the structure finds mention in a survey of monuments of Delhi conducted in 1920 by Maulvi Zafar Hasan, a British era archaeologist.
The bench also expressed its annoyance over the fact thatI initially planned to declare the structure as protected monuments and later backtracked its initiative saying, "You have done a volte face on this serious issue. We are now going to haul up people involved in this. Enough of this."
Asking that the copy of the CBI report be shared with the petitioners, the bench said it would appoint an expert to inspect the building and to calculate the extent of damage done to the ancient structure and what could be done for its restoration. It listed the matter in the month of January.
The bench also noted the CBI has mentioned the role of a former Union minister on whose assurance the RWA continued its occupation of the ancient structure saying, "this will have repercussions".