The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The High Court of Karnataka on Monday directed the state government to constitute a three-member committee to inspect and submit a report with regard to an ancient temple situated in the backwaters of Hidkal dam at Hukkeri, Belagavi district.
A division bench comprising Chief Justice N V Anjaria and Justice KV Aravind passed this order on a public interest litigation petition filed by Nikhil Vitthal Patil, a law student from Kolhapur, Maharashtra.
The bench directed the chief secretary to constitute the committee with two of the members drawn from experts from the state with the third member being the Superintending Archeologist, Archeological Survey of India (ASI), Dharwad.
The bench stated the committee shall inspect the site, prepare the report and submit it to the court with reference to the claim of the petitioner that the Allama Prabhu Swamy Temple and its sculptures inscriptions, etc, could be treated as an ancient monument and antiquities for the purpose of applying the provisions of the Karnataka Ancient and Historical Monuments and Archeological Sites and Remains Act, 1961. The matter has been posted to December 10 for further consideration.
At the hearing, Additional Solicitor General Aravind Kamath, appearing for the union government, submitted that the temple is an ancient monument, but was not notified by the Centre.
He further said that the temple would satisfy the definition of ancient monument under the 1961 act and hence the state government can notify the same. The bench appreciated the constructive stand taken by the union government and directed the state government to file an affidavit.
The petitioner stated that the Allama Prabhu Swamy Temple and Vitthal Temple are ancient monuments, which meet the definitions of ‘ancient monument’ as contained under the Ancient Monuments and Archeological Sites and Remains Act, 1958, as well as Section 2 (1) of the Karnataka Act.
The temples were built in the 17th and 18th centuries, and in view of its historical and religious importance, they are required to be declared archeological monuments and deserved to be registered and treated accordingly, the petitioner said.
It was further submitted that since the temples are submerged for a certain period during the year, they require to be relocated. It was also submitted that having regard to the nature of construction and the remains available of the building at the temple site, the entire building can be relocated scientifically to another suitable place.