The Supreme Court on Tuesday directed the Defence Colony Welfare Association to specify the costs that should be imposed on it for the unauthorized occupation of the Lodhi-era monument, "Gumti of Shaikh Ali," for over six decades.

A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah instructed the association to submit an affidavit within three weeks while condemning its "illegal" occupation of the 700-year-old tomb in Delhi. The court also criticized the Archaeological Survey of India (ASI) for failing to protect the historic site.

Additionally, the bench directed Delhi's archaeology department to form a committee for the monument's restoration. The court was informed that possession of "Gumti of Shaikh Ali" had been transferred from the Defence Colony Welfare Association to the Land and Development Office in the presence of senior advocate Gopal Sankaranarayanan, who was appointed as the court commissioner.

Earlier, the bench had ordered a "peaceful" handover of the site to the Land and Development Office. This decision followed a report by Swapna Liddle, former convener of the Delhi chapter of the Indian National Trust for Art and Cultural Heritage (INTACH), who was appointed by the court to survey the structure, assess the damage, and determine the extent of restoration required.

In November 2024, the bench reprimanded the ASI for neglecting its duty to safeguard the monument after the CBI reported that a resident welfare association had been using the 15th-century structure as its office. Expressing discontent over ASI’s inaction, the court questioned, "What kind of authority are you? What is your mandate? You have deviated from your duty to protect ancient structures. We are disturbed by your negligence."

The court also criticized the resident welfare association, which had occupied the tomb since the 1960s, for justifying its actions by claiming it was preventing damage by anti-social elements.

Justice Amanullah voiced his dissatisfaction with the RWA’s justification and conduct.

The Supreme Court was hearing a petition filed by Defence Colony resident Rajiv Suri, who sought to have the structure declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act of 1958. He challenged a 2019 Delhi High Court ruling that declined to issue such directions.

Earlier this year, the top court directed the CBI to investigate how the structure came to be occupied by the RWA and submit a report. The agency found that several alterations had been made to the monument, including the installation of a false ceiling.

The court was also informed that in 2004, the ASI initiated the process of declaring the tomb a protected monument but abandoned it following objections from the residents’ body. Later, in 2008, the Centre dropped the proposal to grant it protected status.

Suri’s plea referenced multiple historical records, noting that the monument was mentioned in a 1920 survey of Delhi’s heritage sites conducted by Maulvi Zafar Hasan, a British-era archaeologist.