Supreme Court flags ‘neglected’ heritage sites on private premises, makes police liable for their protection

NEW DELHI: Alarmed at the “neglect” faced by historical monuments and sites, especially those located on private premises in Delhi, Supreme Court has made govt authorities liable for their upkeep.A bench of Justices Ahsanuddin Amanullah and N Kotiswar Singh, in a recent order, also summoned the New Delhi Municipal Council (NDMC) chairperson to appear before it while making it clear to the Delhi Police chief that he will be “personally liable” to ensure compliance with its direction to preserve these monuments.The court’s directions came after it examined a report tabled by conservationist Swapna Liddle on the condition of such protected monuments and heritage sites. She had been requested by the bench to survey the sites and flagged some monuments within the premises of Delhi Golf Club and Panchsheel Public School in Sadhana Enclave.The court said these sites “seem to be totally neglected” and added it is “surprised as to how in the first place, such sites are given to private entities”. It said “NDMC has chosen to turn a blind eye by not maintaining vigilance or supervision to ensure that the lessee (Delhi Golf Club), discharges its obligation to fully maintain the structures.”The court added that it found “such conduct to be a case of gross negligence and abdication, also reflecting casualness” and ordered that the civic body’s chairperson to “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.”SC further directed the police commissioner to instruct station house officers (SHOs) that such sites, which are either protected or fall in the category of heritage places of historical importance, are shielded in all respects, including against “encroachment, theft/mutilation/vandalisation.”It warned that any “dereliction of duty” on the part of police to protect such structures “would lead to the suspension of the SHO of the area concerned”. It added, “If we find that this order is not complied with or any officer is being shielded, the commissioner of police as well as the DCP shall be personally liable for appropriate action by this court."As regards the monument on the premises of Panchsheel Public School, the apex court demanded an explanation from Delhi govt as to “under what circumstances Kharbooze Ka Gumbad in Sheikh Sarai, which is said to have been built in 1397, was settled with the private school, and also, what conditions were imposed for proper preservation and maintenance of such structures.”The case stems from a plea filed by one Rajeev Suri, who sought to have Gumti of Shaikh Ali, a Lodhi-era monument in Delhi’s Defence Colony, declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Later, the court decided to examine the condition of all such structures suffering from neglect or encroachment.