‘What must you pay for illegally occupying a historic structure?’: SC asks RWA

The development came weeks after the court on January 21 had ordered the RWA to vacate the structure — known as Gumti of Shaikh Ali

The Supreme Court on Tuesday directed a residents’ welfare association (RWA) in Defence Colony, which had converted a 700-year-old monument into an office space, to suggest the quantum of compensation for illegally occupying the Lodhi-era structure for over six decades.

The RWA office at the Gumti of Shaikh Ali in Defence Colony in New Delhi. (RAJ K RAJ /HT PHOTO)

The development came weeks after the court on January 21 had ordered the RWA to vacate the structure — known as Gumti of Shaikh Ali — and appointed senior advocate Gopal Sankaranarayanan as court commissioner to ensure the smooth handover of possession to the land and development office (L&DO).

The proceedings emanated from a petition filed by Defence Colony resident Rajeev Suri, seeking orders from the court to declare the structure as a protected monument. He approached the top court after the Delhi high court refused to allow his plea in February 2019.

On Tuesday, a bench headed by justice Sudhanshu Dhulia said, “The RWA should explain to this court as to how much cost they should be asked to pay for unauthorisedly occupying structure for more than 60 years.”

Sankaranarayanan filed a report in court highlighting certain issues that remain to be examined after the monument is restored to L&DO. He talked of restoring the monument to its pristine glory for which the Delhi archaeology department claimed to have the requisite expertise. The department further informed that it was in the process of declaring the structure as a protected monument.

The report by Sankaranarayanan highlighted illegal parking in the area abutting the structure, which is operated by the Municipal Corporation of Delhi (MCD). According to him, the parking had diminished the heritage value of the building and impeded its visibility and access.

“The construction and operation of the parking space is completely illegal and in violation of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which under Section 20A prohibits carrying out any public work in the prohibited area (of 100 meters) from the monument,” he said.

The bench, also comprising justice Ahsanuddin Amanullah, issued notice to MCD and said, “We direct the MCD to take every possible step to remove the parking.”

By its earlier order, the court had already entrusted the Delhi government’s archaeology department to submit a report on the restoration plan for the structure and the cost to be incurred in this process.