Karnataka HC Orders Formation Of Three-Member Committee To Inspect Allama Prabhu Swamy Temple In Plea To Declare It As Ancient Monument

The Karnataka High Court on Monday directed the State Chief Secretary to constitute a three member committee to inspect the site of Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district and submit a report in respect of the temple and its structures be treated as Ancient monument to ensure its preservation.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind issued the interim order while hearing the public interest litigation filed by by law student Nikhil Patil, who has sought directions for declaring the Allama Prabhu Swamy Temple, as a protected monument claiming that it is over 100 years old. Further a direction to relocate the temple to another place as it remains submerged under dam water for six months of the year.

Additional Solicitor General Aravind Kamath informed the court the monument in question is not declared as a monument of national importance but admittedly the monument does satisfy the ingredients of definition of Ancient Monument under the Ancient Monuments and Archeological Sites and Remains Act, 1954. Since it is not declared as an ancient monument under the Central Act it can be considered under the Karnataka Ancient and Historical Sites and Remains Act, 1961.

Following which the court passed the interim order and directed the state government to file its report and posted the matter for further hearing on December 10. The court clarified that one member of the three member committee to be constituted by the Chief Secretary shall include an officer from the Archaeological Department of India.

Patil, appearing in person, had argued that the temple is an ancient monument and satisfies the ingredients of ancient monuments as found in the Ancient Monuments Preservation Act. He had 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.

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.

Case Title: Nikhil Patil AND Union of India & Others

Counsel for Petitioner: Petitioner Nikhil Patil in person.

Counsel for Union of India: ASG Arvind Kamath a/w DSG Shanthi Bhushan H

Case No: WP 24059/2024