The High Court of Karnataka on Thursday directed the Deputy Commissioner of Kalaburagi to spell out the schedule for demolishing 282 illegal constructions, identified by the Archaeological Survey of India (ASI), in the protected area of the Gulbarga Fort and the great mosque in the fort.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar passed the order after the ASI informed it that 282 illegal structures had been identified for demolition and notices issued to those who put up such structures by following due process under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Bench was hearing a PIL petition filed in 2018 by Sharan Desai of Kalaburagi. The petitioner complained that authorities had allowed illegal constructions on the protected, prohibited and regulated zones of Gulbarga Fort and the great mosque.
Section 19(1) of the Act states that no one, including the owner or occupier of a protected area, can construct any building within the protected area, carry out certain types of activities, or utilise the area in any other manner without the permission of the Union government.
The ASI, according to earlier orders of the court, had identified 282 structures in the protected area, and 148 structures in the prohibited and regulated area. It had also issued show-cause notice to the persons who put up the structures. After considering the responses, the ASI, on December 4 and 5, 2019, passed an order for demolishing all 282 structures and sent it to the Deputy Commissioner for execution.
Meanwhile, the Bench asked ASI to consider the representations received in connection with the other 148 illegal constructions and decide the future course of action. Further hearing on the matter has been adjourned till March 4.
