The Bombay High Court on Thursday expressed surprise when it was informed that ancient caves near Magathane were not protected monuments. The revelation came following a public interest litigation filed by an activist Ashok Bhate,who had challenged constructions around the caves as well as encroachment on the cave premises and its vicinity. Petitioners lawyer Prachi Collaso submitted that these Buddhist caves near Borivali,that date back to sixth and eighth century AD,are archeological sites which have ancient scripts and writings on them. Now people are residing inside the caves also and the land is shown as private property now after the land was transferred to a builder, Collaso alleged. The state,however,contends that there is no proof as to when the caves were built. On the allegations that part of the land has been transferred to Ekta Shakti Developers,the counsel appearing for the developer submitted that they have got all the required permissions. Division bench of Justice F I Rebello and Justice J H Bhatia observed that this is an ancient site and whether the developers have got permission will have to be examined. When the court queried if the site was a protected monument,state counsel Bharat Mehta admitted that it is not a protected monument. The people want to know why these caves,which has ancient literature and historical significance dating back to the ADs or BCs,is not a protected monument, Justice Rebello said. The court on Thursday directed the state government and the Archeological Survey of India to visit the site and submit a report within two weeks. Mehta informed that the state officials had earlier visited the site and had discovered that it was surrounded by slums. It was also stated that the locals staying there wont allow the officials to conduct the survey. On this,the court directed the police station concerned to provide to the officials when they visit the site. The petition states that the ASI ought to protect the monument and has not only failed to prevent encroachment in the vicinity,but even inside the caves. Petition,which was filed based on various newspaper reports,alleges that there is also a temple inside the cave built by a trust with due permission from the Charity Commissioner.
