Petitioners argue that the structures predate the fort’s declaration as a protected monument and that they are being ‘discriminated against only for their religious identities’.
The Bombay High Court on Thursday stayed till March 10 the Maharashtra archaeology department’s notices that directed seven people to demolish their structures within Kolhapur’s Vishalgad Fort area in 30 days.
A bench of Justices Gautam S Patel and Neela K Gokhale also directed the authorities not to take any coercive action against the seven petitioners, who claimed to have been in possession of small plots of land within the fort for the past 30-60 years.
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While one of them has been granted allotment for the small land in his possession since 1983, some other petitioners’ proposals for regularisation are pending with the government.
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The petitioners challenged the December 13, 2022, demolition notices issued under section 21 (2) of the Maharashtra Ancient Monuments and Archaeological Sites Remains Act 1960. The notices stated that if not removed within 30 days, the structures would be demolished by the government without any further notice, adding that the cost would be recovered from petitioners.
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On February 3, a government resolution was issued approving Rs 1.17 crore as the demolition cost. A tender was floated on February 9 inviting bids to undertake the demolitions.
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The petitioners’ counsel argued that the structures had been constructed before the Vishalgad Fort was declared a protected monument under the 1960 law. While the action is initiated under section 21(2) of the law, the provision permits the demolition of only such buildings that are constructed without government permission, they further argued.
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“Since the construction of the buildings is prior to the declaration of the Vishalgad Fort as a protected area, there is no question of the said construction being without government permission in that regard and therefore, no action under section 21 is sustainable in law,” the plea stated.
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The petitioners further claimed the government action “has been triggered only by pressure tactics of Hindu religious groups including the Vishwa Hindu Parishad and others”. “Despite there being several Hindu settlements within the protected area at Vishalgad, no action is sought to be undertaken against them, whereas the petitioners are selectively discriminated against only for their religious identities,” they said.
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The petitioners sought a direction to quash and set aside the government orders, tender notice and the resolution, as well as regularisation of their “long-standing” possessions.
Source: The Indian Express
