Karnataka High Court Seeks ASI's Response On Plea To Declare Allama Prabhu Swamy Temple As Protected Monument

The Karnataka High Court on Monday (October 14) sought the Archaeological Survey of India's stand in a public interest litigation (PIL) plea seeking directions for declaring the Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district as a protected monument claiming that it is over 100 years old. 

The PIL petition, moved by law student Nikhil Patil, further seeks that the temple be also relocated to another place as it remains submerged under dam water for six months of the year.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind said, “Notice returnable on November 11, the respondent department Archaeological Survey of India and others to file their response by then". 

Patil, appearing in person, argued that the temple is an ancient monument and satisfies the ingredients of ancient monuments as found in the Ancient Monuments Preservation Act. He stated that for half a year the temple remains submerged in the dam water. The temple was built in the 17th and 18th centuries and satisfies the concept of ancient monuments and in view of historical and religious importance he pleaded that the temple is required to be declared as an ancient monument and treated accordingly, he added. 

He further contended that he had approached the authorities and pointed out the significance of the temple which is of national importance. However, the authorities have remained inactive, he claimed. 

The plea prays for a direction to the authorities to arrange for suitable land, provide funds from the common pool fund and/or the cultural ministry of Karnataka, and form a committee as per the requested proposal of the petitioner and relocate the temple. It is claimed that there is an imminent risk of losing the structural balance of these temples due to their interlocking method of construction.

The plea also prays for a direction to form a state-level joint committee and survey such ancient monuments in the State and to protect and conserve them from further damage. The plea seeks that this committee should include those experts in the field of History and Archaeology, for precisely studying the history and culture of that era, even if they are not part of the government agencies.

The matter is next listed on November 11. 

Case Title: Nikhil Patil AND Union of India & Others

Counsel for Petitioner: Petitioner Nikhil Patil in person.

Counsel for Union of India: DSG Shanthi Bhushan H

Case No: WP 24059/2024