‘Beyond comprehension’: Court on Rs 22-cr work at Kolhapur’s Kopeshwar Temple

The Bombay High Court observed that preserving the 12th-century heritage structure should take precedence over allied works such as building a compound wall.

Bombay High Court Kopeshwar Temple conservationThe Bombay High Court said the proposed expenditure was "beyond comprehension" when the temple itself required urgent conservation. (File Photo)

Questioning the proposed expenditure of over Rs 22 crore on a compound wall and a river ghat near the Kopeshwar Temple in Kolhapur’s Khidrapur village, the Bombay High Court last week observed that preserving the 12th-century heritage structure should take precedence. The court also appointed a five-member committee of advocates to inspect the site and submit a report.

“The temple funds cannot be diverted in this fashion,” it observed.

Justices Milind N Jadhav and Nandesh S Deshpande of the high court’s Kolhapur bench made the observation on August 3 while hearing a PIL that sought the preservation, protection and restoration of the heritage site.

The bench said the proposed expenditure on the compound wall and allied works was “beyond comprehension” when the temple itself required urgent conservation.

Justice Jadhav said two huge cracks had developed on the temple’s ceiling—one in the inner sanctum (garbhagriha) and the other at the entrance—and that water was seeping heavily into the temple’s south side.

The judge said he—”as a matter of coincidence”—visited the temple on August 1, during a “heavy downpour”.

The bench also observed that while three of the 48 load-bearing pillars in the temple’s outer Swarga Mandap are damaged, one is supported by metal props installed by the Archaeological Survey of India (ASI) and requires “immediate attention”.

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“An element of doubt has been raised from all quarters about the expenditure… A humongous expenditure of Rs 10 crore proposed to be incurred on the compound wall is something which is beyond comprehension to a prudent man, and more so when the amount is drawn from the State’s exchequer. The primary purpose undoubtedly would be to preserve the temple first, which is not even on the horizon.”

The bench also expressed reservations about accepting the “humongous” expenditure of about Rs 12.84 crore on a river ghat being constructed by the Maharashtra State Road Development Corporation (MSRDC). It noted that the ghat was around 200 metres away from the “scope of heritage relic and the temple” and separated by a road.

Temple conservation first, other works later

The bench questioned the authorities whether such an expenditure can be approved from Rs 101 crore earmarked for the restoration of the temple, which it described as an “architectural marvel dedicated to Lord Shiva” and said is known for its “intricate stone carving, unique detailing”.

“We are in disagreement with the Government spending such a humongous amount on such public development even before the immediate measures for temple conservation are addressed,” the bench noted, adding that once the temple was conserved, any remaining funds could be utilised for development works, including the river ghat.

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The bench formed an “independent fact-finding body” of five advocates to inspect the temple site “so that there is no ambiguity” while passing further directions. It asked the ASI and police to provide logistical and security assistance to the “court committee” and sought the panel’s report within four weeks.

The bench posted further hearing in the case to August 31.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

 

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