Supreme Court questions neglect of heritage monuments in Delhi, warns police officers of personal liability

The Supreme Court has directed the Delhi Police Commissioner to instruct all local Station House Officers (SHOs) to ensure protection of heritage structures and historically significant sites across Delhi from encroachment, theft, mutilation and vandalism. [Rajeev Suri v. Archaeological Survey of India & Ors.]

In an order passed on May 4, a Bench of Justices Ahsanuddin Amanullah and N Kotiswar Singh warned that any dereliction of duty by the concerned SHOs would lead to suspension.

It added that the Commissioner of Police and the concerned Deputy Commissioners of Police (DCPs) would be personally liable for ensuring compliance.

“If we find that this order is not complied with or any officer is shielded, the Commissioner of Police as also the Deputy Commissioner of Police shall be personally liable for appropriate action by this Court,” the Bench said.

The Court was hearing a petition filed by Delhi resident Rajeev Suri regarding the encroachment of the Gumti of Shaikh Ali, a Lodhi-era monument in Delhi. The Court had earlier requested Delhi-based historian and heritage expert Dr. Swapna Liddle to assist it in the matter.

During the hearing on May 4, Liddle submitted a report along with photographs showing encroachment, theft and damage to several protected monuments across Delhi.

The top court noted that some monuments under the possession of the Delhi Golf Club and Panchsheel Public School appeared to be in poor condition.

“We are surprised as to how in the first place such sites are given to private entities,” the Bench observed.

The Court was also told by counsel for the New Delhi Municipal Council (NDMC) that since the Delhi Golf Club was the lessee of the area, it was responsible for maintaining the heritage structures located within its premises.

However, the Bench said photographs placed on record showed that the monuments had been “totally neglected”.

“Still the NDMC has chosen to turn a blind eye by not maintaining vigilance or supervision to ensure that the lessee, i.e., the Delhi Golf Club, discharges its obligation to fully maintain the structures. We find such conduct to be a case of gross negligence and abdication, also reflecting casualness,” the Court said.

Accordingly, the Bench directed the NDMC Chairperson to remain personally present before the Court on the next date of hearing and explain why proper supervision was not maintained over heritage structures leased to private entities.

Further, the Delhi government was asked to explain how the 14th-century Kharbooze Ka Gumbad in Sheikh Sarai came to be settled with Panchsheel Public School, what conditions were imposed for its preservation and maintenance, and why authorities failed to ensure that the structure was properly maintained.

The matter will next be heard on May 11 at 1 PM.

[Read Order]