Bombay High Court stays demolition notice to over 100 tenements around Vishalgad Fort in Kolhapur

Mumbai: The Bombay High Court has stayed the demolition notices issued to over 100 tenements around the famous Vishalgad Fort in Kolhapur till March 10 and asked if there is a policy to deal with old settlements within a protected monument.

A division bench of Justices Gautam Patel and Neela Gokhale was beefing a petition filed by residents of some tenements claiming that they were earlier regularised. 

Government counsel sought time to file a reply. The HC has kept the matter for hearing on March 10. 

In possession for over 30-60 years

The petitioners claimed that they’ve been in possession for over 30-60 years. One of them was allotted land in 1983 and some regularisation applications are pending, the court was told.

However, on December 13, 2022, the Department of Archaeology abruptly issued notices under Section 21 (2) of the Maharashtra Ancient Monuments and Archeological Sites Remains Act, 1960 asking them to demolish their structures within 30 day, failing which the demolition drive would be undertaken by the Government.

Vishwa Hindu Parishadm, others behind the proposed demolition

The petitioners claimed that several fundamentalist organizations and religious groups including the Vishwa Hindu Parishad are behind the proposed demolition as they had recently raised the issue of alleged encroachments by Muslims on the fort site.

Also, the petitioners have contended that the 300 acre Vishalgad Fort precinct was declared a protected monument only in 1999 while petitioners have been residing there since decades. In a meeting held before the demolition notices were issued, the petitioners say they were assured of rehabilitation. They would be rendered homeless without any rehabilitation, the plea further states.