Aastha Pareek
In a recent landmark ruling of Rajeev Suri v. Archaeological Survey of India and Ors, the Supreme Court of India expressed severe disapproval toward the Defence Colony Residents Welfare Association (RWA) for its encroachment on the historic Gumti tomb in South Delhi, a 15th-century structure from the Lodi era. The apex court’s criticism followed a Central Bureau of Investigation (CBI) report indicating that the RWA had been using the tomb as its office and had made unauthorized alterations, such as installing furniture, ceilings, and electrical fixtures, in a manner deemed highly disrespectful to the site’s heritage value.
During the hearing, Justices Sudhanshu Dhulia and Ahsanuddin Amanullah rebuked the RWA’s actions, with Justice Dhulia questioning how the association dared to occupy the tomb without permission. He likened the RWA’s defense, which included concerns about maintaining security around the area, to outdated colonial justifications. The court further chastised the Archaeological Survey of India (ASI) for failing to prevent this encroachment, noting that the ASI had initially recommended national monument status for the Gumti but later altered its stance after modifications by the RWA compromised the tomb’s original architecture.
The court has now directed the CBI to conduct a thorough investigation into the circumstances that allowed such encroachment and alterations. An expert has also been appointed to assess the extent of the damage and recommend restoration measures.
Case Name:– Rajeev Suri v. Archaeological Survey of India and Ors.
Bench:- Justices Sudhanshu Dhulia and Ahsanuddin Amanullah