SUPREME COURT CRACKS DOWN ON HERITAGE NEGLECT; WARNS DELHI POLICE OF PERSONAL LIABILITY

NEW DELHI – The Supreme Court of India has issued a high-level warning to law enforcement and civic authorities over the systemic neglect and encroachment of heritage monuments in the national capital. A Bench comprising Justice Ahsanuddin Amanullah and Justice N. Kotiswar Singh expressed "deep anguish" over the deteriorating state of Delhi’s historical sites, describing the situation as a gross abdication of statutory duties.

Accountability for Law Enforcement
In a move to enforce accountability, the Bench directed the Delhi Police Commissioner to issue a formal circular to all Station House Officers (SHOs) across the city. The Court mandated that SHOs be held directly responsible for the protection of monuments within their jurisdictions. The Bench warned that any failure to prevent vandalism, theft, or illegal encroachment would lead to immediate suspension. Furthermore, the Court emphasized that the Commissioner and concerned Deputy Commissioners of Police (DCPs) would be held personally liable for any non-compliance with these directives.

Critique of Land Allotments and Private Leases
The judicial intervention stems from a petition highlighting the encroachment of the Gumti of Shaikh Ali, a Lodhi-era structure. During the proceedings, the Court expanded its scrutiny to other sites, including those situated within the premises of the Delhi Golf Club and Panchsheel Public School.

The Court questioned how significant historical structures were leased to private entities without adequate oversight. "We are shocked to see how these monuments are being treated as personal property," the Bench remarked. It specifically pointed to the Kharbooze Ka Gumbad, a 14th-century monument, and sought a detailed explanation from the Delhi Government regarding the terms of settlement with private educational institutions occupying the land.

Summoning of High-Level Officials
Unsatisfied with the status reports filed by the New Delhi Municipal Council (NDMC), the Court has directed the NDMC Chairperson to appear personally at the next hearing. The Chairperson is expected to explain the lack of supervision over monuments located within the Council's jurisdiction and clarify why private lessees have not been held to their conservation obligations.

Constitutional and Statutory Mandate
The Court’s observations underscore the state’s obligation under Article 51A(f) of the Constitution of India, which mandates the preservation of the country’s rich heritage. The Bench indicated that the protection of these sites is not merely a policy matter but a legal requirement under the Ancient Monuments and Archaeological Sites and Remains Act.

The matter is scheduled for further hearing on May 11, by which time the authorities must submit comprehensive compliance reports. The ruling marks a significant shift toward judicial oversight in urban heritage conservation, signaling that administrative lethargy will no longer be tolerated.

Discription: NEW DELHI: The Supreme Court has issued a stern ultimatum to the Delhi Police and civic authorities over the rampant encroachment and neglect of the city’s heritage monuments. A Bench of Justices Ahsanuddin Amanullah and N. Kotiswar Singh warned that Station House Officers (SHOs) will face immediate suspension if monuments in their jurisdiction are vandalized or occupied.

The Court expressed shock at the state of 14th-century structures, such as Kharbooze Ka Gumbad, currently situated within private school and club premises. Criticizing the "gross negligence" of the NDMC and the Archaeological Survey of India (ASI), the Bench summoned the NDMC Chairperson to explain the lack of oversight. The Court emphasized that officials would be held personally liable for failing to protect India's historical legacy.