The Bombay High Court has warned against a blanket demolition approach in the Khidrapur Temple encroachment case, saying it “believes in the Rule of Law and not bulldozer justice.”
Hearing a PIL on conservation of the ASI-protected Kopeshwar Temple in Kolhapur district and alleged encroachments in its prohibited and regulated zones, a Division Bench of Justices Milind N. Jadhav and Nandesh S. Deshpande said action must follow the statutory procedure under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The Court held that authorities cannot resort to an omnibus demolition drive merely because structures have been identified during surveys.
The PIL, filed by Prashant Vasantrao Salunke, initially sought urgent intervention to protect the deteriorating temple. During proceedings, the issue expanded to include alleged encroachments within the monument’s 100-metre prohibited zone and 200-metre regulated buffer area, where ASI surveys identified 71 structures.
The Bench observed that while unauthorised constructions must be dealt with, the law itself provides a detailed mechanism under Sections 20A to 20D of the 1958 Act. It directed the ASI, which it held to be the competent planning authority in protected areas, to examine every case individually and proceed only in accordance with the statutory framework. The Court said the competent authority should not “put all of the structures in one basket and treat them omnibusly,” but instead determine every case based on documentary evidence relating to the existence and status of each structure.
The Bench also rejected the ASI’s submission that the Collector should invoke powers under the Maharashtra Regional and Town Planning Act. It held that the protected and regulated areas fall under the statutory regime of the Ancient Monuments Act, and the ASI itself is the competent planning authority. The Collector cannot substitute the statutory powers specifically vested in the ASI, the Court said.
While underscoring that the principal object of the PIL is preservation of the protected monument, the Court directed the ASI and the Collector to file comprehensive affidavits on the structural audit of the temple and all proposed expenditure. The matter has been posted for further hearing on August 3, 2026.
Bombay High Court cautions against blanket demolition in Khidrapur Temple encroachment case, upholds rule of law.
