Supreme Court Directs Municipal Corporation of Delhi to Vacate Office in Lodhi-Era Tomb Immediately

On May 14, 2025, the Supreme Court of India issued a stern directive to the Municipal Corporation of Delhi (MCD), instructing it to vacate its unauthorized office situated within the Shaikh Ali 'Gumti', a 500-year-old tomb from the Lodi era. This order followed a series of legal proceedings initiated by Rajeev Suri, a resident of Delhi's Defence Colony, who sought the protection and preservation of the monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).

The Shaikh Ali 'Gumti', an octagonal tomb dating back to the 15th century, had been under illegal occupation for decades. The Defence Colony Welfare Association (DCWA) had occupied the structure since the 1960s, justifying their actions by claiming that the tomb would have been misused by anti-social elements had it been left unattended. The MCD had also established an office and parking facility in the vicinity of the monument, further encroaching upon the site's sanctity.

In its judgment, the Supreme Court criticized both the DCWA and the Archaeological Survey of India (ASI) for their roles in the unlawful occupation and subsequent alterations of the tomb. The Court questioned the ASI's failure to protect the monument, stating, "What kind of authority are you? What is your mandate? You have gone back from your mandate of protecting the ancient structures. We are perturbed by your inaction." The Court also reprimanded the DCWA for their unauthorized modifications to the structure, which included the installation of false ceilings, furniture, and electrical fittings.

The Court's order mandated the immediate eviction of the MCD from the tomb premises and directed the Land and Development Office (L&DO) of the Ministry of Urban Affairs to take possession of the monument. Additionally, the Delhi Department of Archaeology was tasked with preparing a restoration plan for the tomb, including the removal of a small tilted wall obstructing the view of the structure from the main entry point.

This ruling underscores the judiciary's commitment to preserving India's rich cultural heritage and holding accountable those who engage in the illegal occupation and alteration of historical monuments. The Court's intervention serves as a reminder of the importance of safeguarding such sites for future generations.