Authority: Supreme Court of India (Special Bench)
Order Date: 22-07-2026
Case Overview
- Petitioner: Rajeev Suri filed a Special Leave to Appeal (Civil) No.12213/2019 arising from the High Court of Delhi judgment dated 20-02-2019 in Writ Petition (Civil) No.4099/2018.
- Respondents: Archaeological Survey of India (ASI) & others, including the Department of Archaeology, Government of NCT of Delhi, Delhi Golf Club (DGC), New Delhi Municipal Council (NDMC), Municipal Corporation of Delhi (MCD), Delhi Tourism and Transport Development Corporation, Delhi Jal Board, BSES Rajdhani Power Limited, Land & Development Office (Ministry of Housing & Urban Affairs), and additional respondents such as Panchsheel Public School.
- Background: The dispute concerns the conservation and development of the historic Shaikh Ali Gumti site (referred to as the “original Shaikh Ali Gumti”). The Court‑commissioner’s report indicated that the site was not conserved as ordered; essential works such as toilets, drainage, horticulture, electrical and sewerage fittings remained incomplete, and the campus was cluttered with debris.
- Observations by the Court:
- The Court found the responsible authorities “absolutely callous” in performing their obligations.
- The Department of Archaeology, as custodian, failed to discharge its legal responsibilities.
- The DGC has taken some steps, including prohibiting human access and handing over structures to the Aga Khan Trust for Culture (AKTC) for phased conservation, but the Court was not fully satisfied with the quality of work.
- The Court noted that the quality of work must be assessed and that all agencies must file appropriate documents and affidavits.
Final Outcome
- The Court grants a final opportunity to the involved agencies (NDMC, MCD, DGC, ASI, L&DO, Delhi Tourism and Transport Development Corporation, Delhi Jal Board, BSES Rajdhani Power Ltd, Department of Archaeology, AKTC, and others) to complete all pending works—including toilets, drainage, horticulture, electrical and sewerage installations—and to ensure the site is maintained according to best practices.
- The agencies must file affidavits of compliance before the next hearing, detailing how they are discharging their responsibilities and any agreements/correspondence regarding monument upkeep.
- The Court directs the Competent Authority (Central Government or Government of NCT of Delhi) to examine the overall upkeep of the monuments and report back on affidavit.
- A list date is set for 05.08.2026 at 03:30 pm; failure to comply will invite coercive steps against the officers at the helm of the concerned bodies.
Topics: Heritage Conservation, Court Order