Can’t declare temple ancient monument: HC tells authority concerned to decide in 6 months

The court said if the petitioners do not file an application before the authority within the stipulated time, the status quo at the temple site will be vacated.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor held that in view of the temple site in question not having been declared or included as an ancient monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, any direction sought by petitioners for protection and preservation of the site in question, ‘would be impermissible.’

The bench was hearing a PIL by four residents asserting that the temple was associated with historical events, as between 1888 and 1897, the Chaphekar brothers would visit the temple and organise activities during the freedom movement. Moreover, SK Halwasia, advocate for the petitioners, added that other freedom fighters including Lokmanya Bal Gangadhar Tilak and Mahadev Govind Ranade and many others used to visit the temple and old records mention the temple having been frequented by notable personalities.

The petitioners argued that the temple is located at Thakurdwar in Girgaon and the land is reserved for “welfare centre and parking lot” and that some individual person has purchased the land and intended to carry out redevelopment work.

The petitioners sought direction to the state government and BMC to form an expert committee to inquiry in relation to the temple to protect it. The PIL also sought directions to stop construction within a radius of two kilometres of the temple, as it would cause any damage or degeneration of the temple. The bench noted that the temple has not been declared as a protected monument as per affidavit filed by state Director of Archaeological and Museum. The department had said that as per the Act, the temple has not been declared as State protected monument and also that the temple has lost its historical and architectural context on account of renovation done in the year 2007 by the local residents. Archeological Survey of India (ASI) also said it has not declared the temple as a monument of national importance.

Ordering status quo, the bench noted that the subject matter of dispute needs to be preserved till decision is taken by the authority concerned. “Otherwise, the very purpose of applying for seeking declaration of the temple site as an ancient, historical monument of State / National importance or as a heritage site shall get defeated,” it said.

She went on to observe, “The aforesaid situation definitely depicts a sorry state of affairs, when time and again the apex court has warned about the right of an accused and specifically the right to have a speedy trial.”

Justice Dangre noted that while she could have released the applicant on bail, she sought to seek an explanation from the trial court first, as “at some or the other time, the system must fix an accountability on individuals, rather than talking about delays in the process on account of huge pendency.”

Seeking explanation from the trial judges, the HC posted further hearing to December 18.

The petitioners sought direction to the state government and BMC to form an expert committee to inquiry in relation to the temple to protect it. The PIL also sought directions to stop construction within a radius of two kilometres of the temple, as it would cause any damage or degeneration of the temple. Senior advocate Anil Anturkar and advocate Shubham Misar representing developer Bhairav Kothari Realtors LLP argued that till date there was no declaration of temple site either as an ancient monument and the temple site has never been declared as heritage site. The developer opposed the plea and argued that petitioners are attempting to ask the court to enter into an arena of the authorities and relevant Development Control Rules (DCR).

The bench noted that the temple has not been declared as a protected monument as per affidavit filed by state Director of Archaeological and Museum. The department had said that as per the Act, the temple has not been declared as State protected monument and also that the temple has lost its historical and architectural context on account of renovation done in the year 2007 by the local residents. Archeological Survey of India (ASI) also said it has not declared the temple as a monument of national importance.

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