Supreme Court warns top cop of ‘personal liability’ over protection of heritage sites at Delhi Golf Club

The bench further observed, “The NDMC has chosen to turn a blind eye by not maintaining vigilance or supervision to ensure that the lessee, i.e., the Delhi Golf Club, discharges its obligation to fully maintain the structures. We find such conduct to be a case of gross negligence and abdication, also reflecting casualness.”

‘Rampant encroachment’

The court further recorded that the report, along with photographs placed on record, revealed that despite the existence of prohibitory orders concerning certain ancient structures, there is rampant encroachment as well as instances of pilferage and damage to such structures.

Additionally, it has been brought to the court’s notice that some monuments presently in the possession of the Delhi Golf Club and Panchsheel Public School in Sadhana Enclave appear to be in a state of complete neglect.

Considering the NDMC’s conduct in the matter, the court directed the Delhi police commissioner to ask all the local station house officers (SHO) of the concerned areas to ensure protection of heritage structures from encroachment, theft, mutilation, and vandalisation.

“The Commissioner of Police, Delhi, is directed to instruct all the local SHOs of the areas, which are either protected or fall in the category of heritage places of historical importance, are protected in all respects, including encroachment, theft/mutilation/ vandalisation,” the court ordered.

The court warned that dereliction of duty by the police would lead to suspension of the SHO.

The bench further held that both the Commissioner of Police and the Deputy Commissioner of Police shall be liable in case of non-compliance.

“If we find that this order is not complied with or any Officer is shielded, the Commissioner of Police as also the Deputy Commissioner of Police shall be personally liable for appropriate action by this Court,” the court said.

Appearance of NDMC chairperson

• The court also directed the NDMC chairperson to appear personally before it on the next date of hearing with an explanation for the alleged supervisory failures.
• “We also deem it appropriate to direct that the Chairperson, NDMC, shall be physically present in Court on the next date of listing, along with his show cause to explain as to why he has not maintained his supervision with regard to ensuring that whatever structures have been leased out to any person(s)/body, such person(s)/body complies with the requirement of maintaining such structures in a good condition,” the court ordered.
• Additionally, the Delhi government was asked to explain under what circumstances the Kharbooze Ka Gumbad in Sheikh Sarai, built in the year 1397, was settled with a private school.
• The court has also sought to know the conditions imposed for proper preservation and maintenance of such structures.

What was the plea?

The top court was hearing a petition filed by one Rajiv Suri, a resident of Defence Colony, seeking the court’s directions to declare the structure “Gumti of Shaikh Ali” as a protected monument under the Ancient Monuments and Archeological Sites and Remains Act of 1958.

He challenged the 2019 Delhi High Court order, which refused to pass the directions.