Authority: Supreme Court of India

Order Date: 24-08-2026

Case Overview

  • Petition for Special Leave to Appeal (C) No.12213/2019 filed by Rajeev Suri against Archaeological Survey of India & Ors, arising from the Delhi High Court judgment dated 20-02-2019 in WPC No.4099/2018.
  • Hearing before Hon’ble Justices Ahsanuddin Amanullah and Nongmeikapam Kotiswar Singh on 24-08-2026.
  • Multiple respondents/intervenors: Delhi Golf Club (Respondent No.12), Municipal Corporation of Delhi (MCD), Additional Commissioner South Delhi, Director General of ASI, Head of Archaeological Department, Delhi Tourism and Transportation Development Corporation (DTTDC), among others.
  • Core issues: alleged false affidavits by MCD and ASI regarding heritage structures (Atgah Khan's Tomb, Gogabai's Tomb, Lal Chaubara, Kharbooze ka Gumbad, etc.); lack of coordination between horticulture and civil contractors; permanent toilet construction; membership rules of Delhi Golf Club; settlement details of Sunder Nursery with Aga Khan Trust; correction of school location for Kharbooze ka Gumbad.

Observations & Directions

1. Respondent No.12 (Delhi Golf Club) to submit on record the applicable Rules/Byelaws and membership procedures for all categories.

2. Court Commissioner Gopal Sankaranarayanan’s inspection (31.07.2026) noted overall progress but flagged lack of coordination between the horticulture contractor and the civil work contractor, and a mismatch between required and actual work on ground.

3. The two contractors are directed to coordinate and to take instructions from the Court Commissioner wherever overlap or lack of clarity arises; the Commissioner will guide the work.

4. The toilet structure, although of a permanent nature and contrary to statutory provisions, is permitted to remain as it serves public interest by addressing sewerage and sanitation; the Department of Archaeology is directed to ensure its proper upkeep and cleanliness.

5. The MCD’s affidavit dated 10.04.2026 claimed certain structures were free of encroachment and in satisfactory condition; photographs published in Hindustan Times (10.08.2026) and Times of India (26.07.2026) contradict this claim. Similar contradictions are noted in the ASI’s affidavit dated 07.04.2026 concerning Atgah Khan's Tomb, Gogabai's Tomb and Lal Chaubara.

6. The Court orders the Additional Commissioner, South Delhi (MCD) and the Director General of ASI to appear personally and file affirmed affidavits after fresh site/ground inspections, to be conducted in the presence of the Court Commissioner or his team.

7. Although the Court considered imposing strict orders on the two officials, it refrained upon counsel’s persuasion, but warned that any continuation of false reporting may lead to direct action against the officials.

8. The Court directed the Court Commissioner to contact journalists Mr. Paras Singh (Hindustan Times) and Ms. Richi Verma (Times of India) for any further information and appreciated their reporting that brought the ground reality to public notice.

9. The State Archaeological Department and DTTDC are tasked with ensuring smooth execution of work on the Gumti of Shaikh Ali; the Court may intervene in contract allotment if monitoring is inadequate.

10. A correction to the earlier order dated 22.07.2026 is made: the school associated with Kharbooze ka Gumbad is Vidya Bal Vihar, not Panchshila Montessori School. Respondent No.13 is to be substituted accordingly, fresh notice issued, and ASI to furnish a fresh report on Kharbooze ka Gumbad and the nearby Lal Gumbad, referencing the Court Commissioner’s report dated 05.08.2026.

11. All parties must file revised factual reports based on fresh site inspections conducted in the presence of the Court Commissioner; any suppression or incorrect facts will attract serious consequences.

12. Regarding the Sunder Nursery settlement with the Aga Khan Trust, the concerned authority must file a detailed affidavit covering settlement terms, audit reports, salary payments, and related financial details.

13. The orders were recorded on 07.10.2026 at 02:00 p.m. by Court Master (SAPNA BISHT) and Assistant Registrar (ANJALI PANWAR).

Final Outcome

The Supreme Court issued comprehensive directives mandating fresh inspections, personal affidavits from MCD and ASI officials, coordinated contractor work under the Court Commissioner’s guidance, maintenance of the existing toilet facility, submission of detailed reports on heritage structures and settlement agreements, and warned of possible direct action against officials for false reporting.

Topics: Heritage Conservation, Municipal Governance, Judicial Oversight