Karnataka HC Suggests State To Verify If Locals, Devotees Want Relocation Of Allama Prabhu Swamy Temple Located At Hidkal Dam Backwaters

The Karnataka High Court on Monday (January 20) orally said that the State authorities will have to verify on whether the general public living in the area and devotees of the Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district, want it to be relocated.

During the hearing a division bench of Chief Justice N V Anjaria and Justice M I Arun said “The state authorities will have to see whether the general public over there are very particular that the temple remains there only or whether they want it to be shifted. It should be as per the wishes of the people.”

The court made the observation 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 it seeks a direction to relocate the temple to another place as it remains submerged under dam water for six months of the year.

To the submission of the petitioner Nikhil Patil that If you do not relocate this temple then it will collapse the bench orally said “The question is what do the public want. The report does not say anything. You are required to verify and state what the public in the area want, the devotees want. The opinion of other communities may not be relevant but the opinion of that community is...”

Additional Solicitor General Aravind Kamath appearing for ASI submitted that “Law requires the state government to conserve an ancient monument. The petitioner's contention is that if you do not conserve it will go away forever, in that context it will be an obligation of the state government to conserve it.”

He added “When they constructed the dam they should have ensured that whichever area falls in the backwater, if they relocated people they should have relocated the temple as well. Therefore, there is an obligation on the state government.”

The court had vide its order of November 11, 2024, 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.

The court perused the report wherein it was stated that the committee could not visit the temple and its structures etc, as they are submerged in the backwaters of the dam. Until the water recedes the inspection could not be effectively carried out.

Noting that it is submitted that water normally recedes in the month of April and May  the court directed “In this view the committee is directed to visit the site again to carry out the directions and submit a fresh report and put it up before the court.”

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

Case No: WP 24059/2024

Counsel for Petitioner: Petitioner Nikhil Patil in person.

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

AGA Niloufer Akbar for Respondents.