Latest news with #SudhanshuDhulia
New Indian Express
3 days ago
- Politics
- New Indian Express
SC asks Delhi government to issue order declaring Lodhi-era 'Gumti of Shaikh Ali' protected monument
In a significant step, the Supreme Court on Wednesday directed the Delhi government to issue a fresh notification to declare the historic, Lodhi-era monument "Gumti of Shaikh Ali" as a protected monument under the law. The two-judge bench of the top court, headed by Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, passed the direction to the Delhi govt after hearing an appeal filed by Defence Colony resident Rajeev Suri, who sought a direction to declare the Gumti as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). Suri had knocked the doors of the apex court after his plea was earlier dismissed by the Delhi High Court. During the course of the hearing on Wednesday, the top court went through some report filed by the Delhi government, including a notification and clarified that it was not 'happily (properly) worded'. 'Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government,' the bench told the Delhi govt. Making it clear that there should not be any illegal structures or encroachments near the area, the court asked the authorities to demolish the illegal structures, if any, inside the monument site. It directed the court commissioner to visit and inspect the concerned area and apprise the bench about the work undertaken in pursuance of the directions issued.
Indian Express
4 days ago
- Indian Express
‘Compromise sought is nothing but abuse of law — Supreme Court upholds HC order in tenancy dispute in Goa
The Supreme Court Monday upheld an order of the Bombay High Court at Goa, which refused to grant permission to the consent terms finalised by an agricultural association of villagers with tenants, observing that the proposed terms are an attempt to circumvent the statutory framework laid down in the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and also violates the Goa Land Use (Regulation) Act, 1991. The apex court was hearing an appeal filed by the 'Comunidade' – an agricultural association of villagers that has properties in common – of Tivim regarding a tenancy dispute over two properties in Tivim village in Bardez taluka, Goa. The properties were leased by the Comunidade to tenants in 1978. A civil suit was filed by the predecessor of private respondents for entering their name as tenants in the survey numbers for the two properties. The suit was decreed in 1986 and the name of the predecessor of respondents was entered as tenant of properties. After the predecessor passed away, the private respondents filed a tenancy application before a trial court. In 2017, the trial court allowed the tenancy application, declaring the private respondents as agricultural tenants of the properties. Aggrieved by the declaration of tenancy, the Comunidade filed an appeal before the Appellate Court, which remains pending. During pendency of the appeal, the Comunidade resolved that as a compromise, the land in dispute be bifurcated, with 60 percent of the land being allotted to the tenants and 40 percent land to be retained by the Comunidade. The Administrative Tribunal refused to grant permission to the Comunidade for filing of the consent terms in 2023 under Article 154 (3) of the Code of Communides. The Comunidade then filed a writ petition in the High Court, which upheld the Tribunal's decision last year. The Supreme Court held that the administrative tribunal has rightly refused to grant permission to the consent terms finalised by the Comunidade. In the judgment, a bench of Justices Sudhanshu Dhulia and K Vinod Chandran said, '…the proposed consent terms or the compromise sought to be entered by the appellant with the private respondents falls foul of both the statutes i.e. the Tenancy Act and the Land Use Act, in so far as it creates freehold ownership rights over tenanted land, without resorting to the procedure contemplated for the purchase of such land by the tenant and secondly, for the reason that these terms effectively allow the appellant, as well as the private respondents, to use an agricultural land for non agricultural purposes.' The court said the compromise not only circumvents procedural aspects of the Tenancy Act, but also allows the parties to use the suit properties for a purpose which is expressly barred by the Land Use Act. 'The compromise sought by the parties is nothing but an abuse of the process of law. The so-called compromise or agreement is a ploy to defeat the provisions of law and therefore it has been rightly denied the legal sanctity which was sought. If the proposed consent terms are to be allowed, not only would the tenant be conferred full ownership rights, in complete disregard of the procedure for purchase mentioned above, but it would also mean that the tenant would be conferred a right to alienate land, without seeking permission of any statutory authority,' the Court said. 'It is abundantly clear that by means of the proposed compromise, the parties have essentially terminated the tenancy, without recourse to any of the modes referred to in Section 9 of the [Tenancy] Act,' the court added.
New Indian Express
4 days ago
- Politics
- New Indian Express
SC asks Delhi govt to issue order declaring Lodhi-era 'Gumti of Shaikh Ali' protected monument
In a significant step, the Supreme Court on Wednesday directed the Delhi government to issue a fresh notification to declare the historic, Lodhi-era monument "Gumti of Shaikh Ali" as a protected monument under the law. The two-judge bench of the top court, headed by Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, passed the direction to the Delhi govt after hearing an appeal filed by Defence Colony resident Rajeev Suri, who sought a direction to declare the Gumti as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). Suri had knocked the doors of the apex court after his plea was earlier dismissed by the Delhi High Court. During the course of the hearing on Wednesday, the top court went through some report filed by the Delhi government, including a notification and clarified that it was not 'happily (properly) worded'. 'Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government,' the bench told the Delhi govt. Making it clear that there should not be any illegal structures or encroachments near the area, the court asked the authorities to demolish the illegal structures, if any, inside the monument site. It directed the court commissioner to visit and inspect the concerned area and apprise the bench about the work undertaken in pursuance of the directions issued.
New Indian Express
4 days ago
- Politics
- New Indian Express
SC directs Delhi government to reissue notification declaring Lodhi-era ‘Gumti of Shaikh Ali' a protected monument
NEW DELHI: In a significant development, the Supreme Court on Wednesday directed the Delhi government to issue a fresh notification declaring the historic Lodhi-era monument "Gumti of Shaikh Ali" as a protected monument under the law. The two-judge bench of the apex court, comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, passed the direction while hearing an appeal filed by Defence Colony resident Rajeev Suri. Suri had sought the court's intervention to declare the Gumti a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), after the Delhi High Court dismissed his petition. During the hearing, the bench examined a report submitted by the Delhi government, which included a previously issued notification. However, the court observed that the notification was not 'happily worded' and thus required reissuance. 'Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government,' the bench directed.
The Hindu
4 days ago
- Politics
- The Hindu
Declare Lodhi-era 'Gumti of Shaikh Ali' protected monument: Supreme Court to Delhi government
The Supreme Court on Wednesday (July 16, 2025) directed the Delhi government to issue a fresh notification to declare the Lodhi-era monument "Gumti of Shaikh Ali" a protected monument under law. The dispute over the monument came to limelight when the top court directed the Defence Colony resident welfare association to vacate its structures and pay ₹40 lakh to the archaeology department of the Delhi government as compensation for occupying the historical place since the 1960s. A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing a plea filed by Defence Colony resident Rajeev Suri, who sought to have the Gumti declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). The plea was filed in the top court after the Delhi High Court dismissed his plea in 2019. The top court has been regularly passing directions to ensure the removal of encroachments, illegal occupation, and beautification of the monument and its surrounding area. On Wednesday (July 16, 2025), the bench examined a Delhi government notification and said it was not 'happily worded'. 'Let the notification (to declare the monument as a protected one under the law) be re-issued by the Delhi government,' the bench said. Protected monuments under the AMASR Act benefit from legal protection, conservation efforts, and restrictions on activities around them to ensure their preservation for future generations. Such monuments are safeguarded against damage, destruction, and unauthorized construction or excavation in their vicinity. The bench asked the authorities to demolish the illegal structures inside the monument area. The bench also asked the court commissioner to inspect the area and apprise the bench about the work undertaken in pursuance of the directions issued. It asked the authorities, including the archaeology department, to make and execute plans to beautify and preserve the monument and its surrounding areas. The bench previously directed the MCD and others to remove all encroachments around "Gumti of Shaikh Ali". It also ordered the MCD and DJB to vacate and hand over their office spaces to the Land and Development Office. The bench subsequently reprimanded the MCD for continuing to operate an office near the monument and granted 48 hours to it to clear the site of 'lock, stock, and barrel'.
