Emphasising the need to protect the site, the court made it clear that there should be no illegal structures or encroachments around the area. It instructed the relevant authorities to demolish any unauthorised structures present within the monument site.A court commissioner has been directed to visit and inspect the area and update the bench on the progress of actions undertaken in compliance with its orders.The bench also instructed the Archaeology Department and other concerned agencies to prepare and implement a plan to preserve and beautify the monument and its surroundings.Criticising the Municipal Corporation of Delhi (MCD) for continuing to operate an office in close proximity to the monument, the court ordered it to vacate the premises within 48 hours, “lock, stock, and barrel”.The apex court had earlier expressed its displeasure over the Defence Colony Residents Welfare Association (RWA), which had unauthorisedly occupied the “Gumti of Shaikh Ali” for more than six decades. The court directed the RWA to pay Rs 40 lakh as compensation for its illegal occupation of the tomb since the 1960s. The RWA had attempted to justify its occupation by claiming it was safeguarding the monument from anti-social elements.The Supreme Court, however, refused to waive the penalty and made it clear that such unauthorised occupation, irrespective of intent, could not be condoned.
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