The Supreme Court has sharply criticised the Archaeological Survey of India (ASI) and the Municipal Corporation of Delhi (MCD) over the alleged neglect and poor upkeep of several historic monuments in the national capital, observing that the heritage agency had lost credibility after monuments were found being used for purposes wholly inconsistent with their protected status.
A Bench of Justice Ahsanuddin Amanullah and Justice N.K. Singh made strong observations after the Court Commissioner drew attention to the condition of several heritage structures, including Lodhi-era tombs at Zamroodpur.
The Court was particularly concerned after being informed that one of the historic structures had been used as a cow shed, while the premises of other monuments had effectively turned into dumping grounds.
Justice Amanullah questioned how a protected monument could be permitted to be used as a gaushala and expressed serious reservations about the MCD’s ability to discharge its responsibility of maintaining Delhi’s heritage structures.
The Court also came down heavily on the ASI, with the Bench observing that a series of monuments appeared to have been allowed to deteriorate despite the agency’s mandate to preserve them.
The Court Commissioner informed the Bench that the Zamroodpur tombs had suffered years of neglect. Garbage had accumulated inside the structures and access to several monuments was severely compromised by surrounding construction and encroachments.
The proceedings also brought into focus the condition of Lal Mahal, a 13th-century structure in the Nizamuddin area. The Court was informed that the historic monument had suffered partial demolition and was allegedly surrounded by private construction.
The Court questioned the authorities over the monument’s ownership and administrative status after the Commissioner said that his team had been prevented from inspecting it on the ground that the property was privately owned.
The Bench expressed strong displeasure when the MCD’s counsel was unable to immediately provide basic details concerning the alleged private property, including its holding particulars. The Court questioned how officials could have filed affidavits without establishing the precise status and jurisdiction over the site.
The Supreme Court had previously expressed concern over discrepancies between the affidavits filed by government authorities and the actual condition of monuments documented through media reports and ground inspections. In an earlier order, the Court had warned that officials could face direct action if statements made in affidavits regarding the condition of heritage sites were found to be incorrect.
During the latest hearing, the Bench noted a broader lack of coordination between the different government agencies responsible for protecting Delhi’s monuments. It observed that authorities appeared insufficiently serious both about the information being placed before the Court and about implementing measures on the ground.
The Court, however, stopped short of passing stringent orders against the officials at this stage, treating the matter as a final opportunity for the authorities to correct the situation.
The Bench directed the concerned authorities to place fresh and comprehensive information before it regarding the ownership, settlement status and present condition of the monuments.
It further directed senior officials from the Ministry of Culture, MCD, NDMC, the Delhi government’s archaeology department, ASI, DDA and the Central Public Works Department to remain personally present at the next hearing.
The matter has been listed for October 16.
The proceedings arise from the Supreme Court’s continuing scrutiny of the preservation of Delhi’s historic monuments in Rajeev Suri v. Archaeological Survey of India, a case that initially concerned the protection of the Lodhi-era Shaikh Ali Gumti but subsequently expanded to encompass the wider condition of heritage structures across the capital.
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