SC raps Municipal Corporation of Delhi for lapses in Gumti maintenance

A court-appointed commissioner reported of choked drains, construction waste lying near the structure, and an overall lack of upkeep

New Delhi

The Gumti of Shaikh Ali, as seen in May this year. (RAJ K RAJ /HT PHOTO)

The Supreme Court on Thursday pulled up the Municipal Corporation of Delhi (MCD) for its lapses in maintaining cleanliness around a Lodi-era monument, the Gumti of Shaikh Ali, of in Defence Colony, after a court-appointed commissioner reported of choked drains, construction waste lying near the structure, and an overall lack of upkeep.

“Our patience is running out,” a bench of justices Ahsanuddin Amanullah and SVN Bhati said, after court commissioner and senior advocate Gopal Sankaranarayanan informed of the condition after a site visit. He also said the MCD has not even filed a report despite it being required to perform these tasks on a daily basis by an order of the top court passed on July 31.

The court said, “We are very disappointed by the MCD. On the last occasion, the MCD counsel gave us an assurance that cleaning and maintenance will be done. Why is sweeping not being done on a daily basis?”

The 700-year-old structure was cleared, on court orders, of unauthorised occupation by the local residents’ welfare association (RWA). Later, under the court’s monitoring, the Delhi government’s archaeology department was to restore the monument. Last month, the Delhi government issued a notification declaring the Gumti a “protected” monument under the Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004.

Senior advocate Garima Parshad, appearing for MCD, said that the allegations made by the court commissioner were not brought to its notice at previous meetings. She said that daily cleaning of the area was being done and the agency may be given a day to furnish details.

The court order said, “In view of serious questions and lapses on the role of MCD, the respondent agency will file a detailed affidavit showing what steps have been taken on a daily basis to keep the area free from debris, waste materials, and keeping drains unclogged.”

In its earlier orders, the court had directed the Delhi government, MCD and all agencies concerned to act in tandem to ensure the site is beautified and maintained.

The court posted the matter for hearing on Friday.

“We want to know from MCD what have you done till yesterday, today and what you will do in four weeks. In matters like these, the least we expect is a report from you. If we have the slightest doubt in our minds about the genuineness of your action, we will send someone there and if needed, even get a live video of the place, if needed,” the court said.

Sankaranarayanan told the court that he will file his report later in the day, with photographs

“You (MCD) seem to be only holding meetings. We want to know the progress made so far. If there is any deviation or lagging in your performance, then we will turn to the commissioner’s report,” the bench said.

In its July 31 order, the court specifically noted the “assurance” of the MCD that it had cleared the waste lying in the park and will continue to perform its duties, which included “cleaning and general upkeep of the Gumti area to be done regularly, streetlamps and electrical connection around the Gumti to be maintained, water connection points to be regularly checked to avoid wastage”.

The court passed the order while hearing a petition filed by Rajeev Suri, a resident of Defence Colony, who initially approached the Delhi High Court in 2018 for declaring the Gumti a “protected monument”.