The Supreme Court has directed the Delhi Police Commissioner to instruct all local Station House Officers (SHOs) to ensure protection of heritage structures and historically significant sites in the national capital from encroachment, theft, mutilation and vandalism.
A Bench of Justice Ahsanuddin Amanullah and Justice N Kotiswar Singh also directed the New Delhi Municipal Council (NDMC) Chairperson to remain physically present before it on May 11 — the next date of hearing — to explain his failure to maintain supervision to ensure that structures leased out to any person(s)/body complied with the requirement of maintaining such structures in a good condition.
“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/vandalization,” the Bench said in its May 4 order.
“Any dereliction of duty on the part of the concerned Police of such structures would lead to suspension of the SHO of the area concerned. The Commissioner of Police and the concerned DCP of the area shall be personally liable to ensure such 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,” it ordered.
The top court ordered the Government of NCT of Delhi to explain as to under what circumstances the Kharbooze Ka Gumbad in Sheikh Sarai — said to have been built in the year 1397 — was settled with a private school, i.e., Panchsheel Public School in Sadhana Enclave.
It also sought to know “what conditions were imposed for proper preservation/maintenance of such structures and if what is shown in the photographs is true, then why the authorities did not take appropriate steps to ensure that the lessee or the person(s)/body to whom the place was settled kept the said structure in good condition.”
The order came after Dr Swapna Liddle, who has been involved in these proceedings at the top court’s request, submitted a report in terms of its April 13 order suggesting certain immediate steps for protection of heritage structures/sites in Delhi.
Certain photographs submitted by her indicated that despite prohibitory orders concerning certain ancient structures, there was not only rampant encroachment, but also pilferage and damage to the structures and some monuments — which are now in the possession of Delhi Golf Club, Panchsheel Public School in Sadhana Enclave, etc. — seemed to be totally neglected.
“We are surprised as to how in the first place, such sites are given to private entities and most strikingly, the monuments which are now part of the Delhi Golf Club and which according to the learned counsel appearing on behalf of the New Delhi Municipal Council (NDMC), the lessee of the area, i.e., the Delhi Golf Club has to maintain such structures, which we find from the photographs enclosed, have been totally neglected.
“Still 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,” it noted.
