HC grants interim stay on demolition of structures at Vishalgad Fort, says an irreparable situation may arise

The petitioners claimed that the constructions pre-date the notification issued on January 27, 1999, under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960, and hence cannot be demolished. Calling the February demolition order erroneous, the petitioners through their lawyer SB Talekar, submitted documents including voters’ lists, school leaving certificates, land revenue documents to establish their existence before 1999.

Justice Amit Borkar said that prima facie perusal of the order shows that the authorities have concluded that the structures are illegal solely on the ground that the petitioners are unable to show building permissions or documents evincing regularization.

“Prima facie, the reasoning adopted by the authority appears to be one-sided, in as much as it does not take into account the documentary evidence submitted by the petitioners, nor does it examine whether such constructions existed prior to the issuance of the notification under the Act,” the court said. It said that it was incumbent upon the authorities to undertake a cogent and reasoned inquiry to establish whether the structures had come into existence subsequent to the notification in 1999.

“…It prima facie appears that the construction, held to be illegal by the impuged order, were in existence prior to January 27, 1999. The documentary evidence, which includes entries in public records, requires due consideration by the authorities in the course of arriving at their final conclusion. The impugned order does not indicate any objective reassessment of this material nor does it reflect any cogent reasoning demonstrating that the structures were erected after the notification date,” the court said.

The assistant government pleader said that an opportunity should be granted to show that the structures were raised after the 1999 cut-off and hence were illegal and can be demolished. The court said that no action can be taken by authorities till the next day of hearing so that the matter can be examined by giving a chance to both parties to present their case. It directed the government to file an affidavit and will hear the case next on March 18.

The issue of the structures had led to violence in 2024, following which the high court had rapped the authorities over the law and order situation.