Bombay HC rejects blanket demolition approach in Khidrapur Temple case

• The Bombay High Court has cautioned against adopting a blanket approach in temple encroachment cases.
• Authorities must adhere to statutory procedures and individual examination under the Ancient Monuments Act.
• Each identified structure must be examined individually, rather than treating all structures alike or undertaking sweeping demolition drives.
• The Court's decision sets a precedent for authorities to follow due process and statutory procedures before taking action against structures within protected areas.

The Bombay High Court's recent decision in the Khidrapur Temple encroachment case serves as a stark reminder of the importance of upholding the Rule of Law. In a scathing critique of the blanket demolition approach, the Court emphasized that authorities must adhere to statutory procedures and individual examination under the Ancient Monuments Act. The Court's observation that 'the extent of unauthorised construction needs adjudication on a case-to-case basis' underscores the need for a nuanced approach in dealing with alleged encroachments within protected areas. This decision sets a precedent for authorities to follow due process and statutory procedures, rather than resorting to coercive measures. The Court's rejection of the blanket demolition approach is a significant victory for those who have long advocated for the preservation of India's cultural heritage.

The Ancient Monuments and Archaeological Sites and Remains Act, 1958, provides a detailed mechanism for regulating repairs, construction, and reconstruction in protected areas. The legislation envisages applications, scrutiny by the competent authority, statutory timelines, and individual consideration before any decision affecting a structure is taken. This framework is designed to ensure that authorities do not treat all structures alike or undertake sweeping demolition drives. Instead, each identified structure must be examined individually under the Ancient Monuments Act. The Court's direction to the Archaeological Survey of India (ASI) to proceed 'strictly in accordance with law' in respect of every one of the identified structures underscores the importance of upholding this framework.

The Bombay High Court's decision has significant implications for temple conservation law in India. The Court's emphasis on individual examination under the Ancient Monuments Act sets a precedent for authorities to follow due process and statutory procedures before taking action against structures within protected areas. This decision is particularly relevant in light of the alleged encroachments within the prohibited 100-metre zone and regulated 200-metre buffer area of the ASI-protected Kopeshwar Temple. The Court's rejection of the blanket demolition approach ensures that the Rule of Law will be upheld, rather than resorting to coercive measures.

Lawyers and compliance officers should note that the Bombay High Court has cautioned against blanket action in temple encroachment cases, emphasizing the need for individual examination under the Ancient Monuments Act. This decision sets a precedent for authorities to follow due process and statutory procedures before taking action against structures within protected areas.

Source: Original reporting via LawBeat