Delhi: SC raps Defence Colony association, ASI over ‘encroachment’ of centuries-old Gumti tomb

In August, the SC had, while hearing a plea to protect the structure, asked the CBI to hold a preliminary enquiry to find out how it came to be occupied by DCWA. Perusing the CBI report Tuesday, the bench was livid as it asked the DCWA counsel, “How dare you (DCWA) enter this? How dare you?” The counsel replied: “We were there for decades”.

However, the bench was not impressed. “Cannot be allowed. We will evict you in open court if needed,” said Justice Amanullah. When the DCWA counsel reasoned that anti-social elements would occupy the space if the association moved out, Justice Dhulia remarked, “You are speaking like colonial rulers you know. Like ‘if we didn’t come to India, what would have happened’”.

The bench also pointed out that the Indian National Trust for Art and Cultural Heritage identified the structure as worthy of being preserved.
Questioning the ASI and stating that the archaeology body “has gone against its mandate”, Justice Dhulia asked, “How can you do this to a 700-year Lodi era tomb?”

“Enough of these hanky panky things. We are going to haul people up! Because windows, tables and false ceilings have been put, nothing can be done? What rubbish! Is this how local authorities act? Can’t be allowed? We are very shocked,” said Justice Amanullah.

The Delhi High Court had earlier refused to entertain the petition following which petitioner Rajeev Suri moved the top court.