The Supreme Court has deferred till July 22 its order directing the New Delhi Municipal Council (NDMC) and the Delhi Police to seal structures within the 100-metre prohibited zone of a protected monument outside the entrance gate of the Delhi Golf Club.The decision was issued by the court late Wednesday night at the request of senior advocate Kapil Sibal who appeared for the Delhi Golf Club (DGC) and had requested time to come up with some suggestions. (HT Archive)The decision was issued by the court late Wednesday night at the request of senior advocate Kapil Sibal who appeared for the Delhi Golf Club (DGC) and had requested time to come up with some suggestions.A bench of justices Ahsanuddin Amanullah and N Kotiswar Singh said, “Though the court does not find any ground for any rethinking. However, by way of extraordinary indulgence, the implementation of the aforesaid directions to the Chairperson, NDMC and Commissioner of Police, Delhi, is kept in abeyance till the next date of listing on July 22, 2026.”Earlier, the court had turned down the repeated requests by the club for the order to be deferred. However, after rising, the judges conferred and agreed to add this portion to the order already dictated in court.The court is considering a petition for protection of heritage sites in Delhi. On May 11, the court was informed about the dilapidated condition of the 10 ancient structures situated within the precincts of the DGC. Of these, Lal Bangla I and II, which are protected monuments under the Archaeological Survey of India (ASI), are situated near the club entrance.The bench directed immediate enforcement of the 100-metre prohibited zone around the monuments, sealing off all activities and structures falling within that area, including portions of the club’s kitchen barely three metres away from the monument.At the same time, the court separately directed that no activity shall be permitted within 20m of nine other historical structures located inside the club premises, noting that these monuments, unlike Lal Bangla I and II, are not “protected” under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act. This direction too has been kept in abeyance by the court.The next hearing in the case is on July 22.The directions for sealing were passed after examining a spot survey report submitted by court commissioners led by senior advocate Gopal Sankaranarayanan along with advocates Nipun Saxena and Vishal Sinha.“The photographs reveal that most of the monuments bear no semblance of any conservation work, and are in dilapidated condition with not even basic maintenance as was required,” said the bench.Based on the report, the court further said, “We find that the situation is alarming, to say the least. Out of ten monuments, only in four monuments some conservation work has been done by the Aga Khan Trust.”Sibal, who appeared for the club had objected to passing of such a “harsh” order pointing out, “The construction in the club is of 1952 while the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act is of 1958.” He stated that once the sealing is carried out, the entrance will be sealed and nobody can enter the Delhi Golf Club, as he sought time to respond to the report by the court commissioners.The report stated, “The Lal Bangla I & II (AD 1779-80), is dangerously close to the kitchen area of DGC. The entire kitchenette portion, which at some portion is barely 3 metres away from the protected monument, has to be removed forthwith by the DGC.” The kitchen area had hot boilers, pucca construction, drums, heavy boiler fans, chimney, water tanks. The commissioner said that the same was required to be done within 30 days.Acting on the report, the bench held, “Section 20A of the AMASR Act, 1958 requires there will be a protected area of 100 metres. With immediate effect, no activity within 100 metres of the said structure can happen. Any structure built shall be seized forthwith.”The NDMC was represented in court by the solicitor general Tushar Mehta. The bench said, “The NDMC is directed to take immediate steps, and if necessary take assistance from the Commissioner of Police.” The order further required the action to be carried out within two days and a compliance affidavit to be filed by June 1.As regards the other nine monuments situate inside the club premises, the bench said, “We direct that no activity will be permitted within 20 metres of the structure. This direction shall also be executed forthwith.”The court was unsparing towards the ASI as well. The report of the court commissioners indicated that the ASI protected monument at the DGC gate requires urgent conservation efforts as its structural integrity is under threat. The report said, “The ASI Board has to prominently display the monument….Portions of the boundary wall of DGC would have to be removed to give access to the monument.”The bench issued notice to the director general, ASI, saying, “By next date, let DG, ASI file a response on why no action be taken against him for such callous approach. There has been no action taken to ensure no activity is permitted around the monument. We will issue notice to the DG, ASI.”The report states that the nine structures includes an early Mughal tomb, late Mughal tomb, Mir Taqi’s tomb, Tomb of Syed Abid, Gateway, Barah Khamba of Tughlaq era, among other similar structures which are ancient. Of these, conservation works have been completed for four structures with the assistance of the Aga Khan Trust.The order of the court came in a petition filed by a Delhi resident Rajeev Suri who initially sought protection of Gumti of Shaikh Ali in Defence Colony, which has since been declared a protected monument due to court’s nudge. In February this year, Suri submitted a 2021 report by INTACH documenting 1100 notified heritage sites in Delhi on which the court sought responses from the ASI, Delhi government, MCD and NDMC and expanded the scope of the petition.