The Supreme Court has strongly criticised the alleged neglect, encroachment and damage to several historical and heritage structures in Delhi, while questioning how ancient monuments could be leased or handed over to private entities such as the Delhi Golf Club and the Panchsheel Public School.
The Bench of Justice Ahsanuddin Amanullah and Justice N Kotiswar Singh issued stringent directions to the Delhi Police to ensure protection and preservation of heritage monuments, and warned that Station House Officers (SHOs) of the concerned police stations could face suspension in cases of continued encroachment, vandalism, theft or destruction of protected structures.
During the proceedings in the long-pending matter related to the preservation and restoration of heritage structures across the national capital, the Bench examined a report submitted by noted historian Dr Swapna Liddle pursuant to earlier directions issued by the Court. The report highlighted widespread encroachment, pilferage, structural damage and neglect of several historical monuments and was supported by photographic material placed on record.
The proceedings had originally commenced in relation to the restoration of a Lodhi-era Gumti structure, following which the scope of the matter was expanded to include preservation of other neglected monuments of historical significance in Delhi. The Supreme Court had earlier appointed Senior Advocate Gopal Sankaranarayanan as Court Commissioner, along with Dr Liddle, former convener of the Delhi chapter of the Indian National Trust for Art and Cultural Heritage (INTACH), to conduct a survey of such structures.
During earlier hearings, the Court Commissioner had submitted a list identifying various monuments and the public authorities responsible for their maintenance and supervision. Pursuant to those directions, Dr Liddle was asked to identify urgent issues requiring immediate judicial intervention.
After examining the report and photographs, the Bench observed that despite prohibitory orders protecting certain monuments, illegal encroachments, pilferage of artefacts and damage to ancient structures continued unabated. The Court specifically noted that certain heritage structures under the jurisdiction of the New Delhi Municipal Council (NDMC) had been leased to the Delhi Golf Club and appeared to have been completely neglected.
Expressing concern over the condition of the monuments, the Bench observed that the NDMC had failed to exercise proper supervision or vigilance to ensure that lessees complied with preservation and maintenance obligations attached to such heritage properties. The Court described the conduct as gross negligence, administrative abdication and institutional casualness in the discharge of statutory duties relating to heritage conservation.
The Apex Court thereafter directed the Commissioner of Police, Delhi, to issue immediate instructions to all concerned SHOs for the protection of monuments and heritage structures from encroachment, theft, mutilation, vandalism and unlawful damage. The Bench warned that any dereliction of duty or failure to enforce the directions could result in suspension of the concerned SHO. It further clarified that the Commissioner of Police and the Deputy Commissioner of Police of the concerned jurisdiction would also bear personal responsibility for ensuring compliance with the judicial directions.
The Bench additionally directed the Chairperson of the New Delhi Municipal Corporation (NDMC) to remain personally present before the Court on the next date of hearing and explain the steps taken to monitor heritage structures leased to private entities and ensure compliance with preservation obligations.
The Court also sought an explanation from the Government of the National Capital Territory of Delhi (GNCTD) regarding the circumstances under which the 14th-century Kharbooze ka Gumbad located in Sheikh Sarai had allegedly been settled in a private school (Panchsheel Public School at Sadhana Enclave). The Bench asked the authorities to disclose the terms and conditions governing preservation and maintenance of the monument and explain why appropriate action had not been taken if the structure had fallen into disrepair or neglect.
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