Bengaluru: In a significant legal development, the Karnataka High Court has directed the state government to form a three-member expert committee to determine whether the Allamaprabhu Swamy Temple and its associated relics in the backwaters of the Hidkal Reservoir in Belagavi district should be classified as an “ancient monument” under the Karnataka Ancient Monuments Act, 1961. The court’s decision comes after a Public Interest Litigation (PIL) was filed by Nikhil Vitthal Patil, a law student from Gadhinglaj, Maharashtra, urging the government to declare the temple a protected monument due to its historical and religious significance.
The Allamaprabhu Swamy Temple, located in the backwaters of the Hidkal Reservoir in the Hukkeri taluk of Belagavi district, is a place of religious importance that holds cultural value for both locals and devotees. According to the petitioner, the temple is over a century old, and due to its submerged location for half of the year, it requires immediate attention. The petitioner has argued that the temple should be declared a protected monument in recognition of its historical and religious importance, as well as its precarious situation given its submergence every year.
The temple is believed to have been built during the 17th or 18th century. However, it remains submerged under water for approximately six months every year, owing to the presence of the Hidkal Reservoir. Given this situation, the petitioner has raised concerns that the temple’s preservation is at risk, and relocation or protection efforts should be undertaken to prevent further degradation.
The Karnataka High Court, in its hearing, took note of the arguments presented and instructed the state government to form a committee that would look into the matter. The division bench, led by Chief Justice N.V. Anjaria, passed the order after reviewing the PIL, with Additional Solicitor General K. Aravind Kamath representing the central government.
Kamath clarified that while the Allamaprabhu Temple has not been designated as a national monument, it falls within the definition of “ancient monuments” as per the Ancient Monuments and Archaeological Sites and Remains Act, 1958. This law protects monuments that are more than 100 years old and are of national importance. The court’s instruction to form the three-member committee includes one representative from the Archaeological Survey of India (ASI), a government official, and an expert in archaeology. The committee is tasked with conducting a thorough investigation into the temple’s historical status and providing recommendations based on their findings.
The court has scheduled the next hearing for December 10, when it will review the committee’s report on the temple’s significance and whether it qualifies for protection as an ancient monument.
The petitioner, Nikhil Vitthal Patil, who hails from Kolhapur in Maharashtra, has emphasised the need to protect the temple, considering its cultural value and its constant submergence. In his PIL, Patil argued that the temple deserves recognition under the Ancient Monuments Act due to its age, its religious significance, and the danger posed by the reservoir’s fluctuating water levels. He further pointed out that while the temple may be submerged during the monsoon, it remains an important site for locals and devotees once the waters recede.
The petitioner proposed that the government should explore the possibility of relocating the temple to a safer, dry location or take steps to safeguard the existing structure. Given the temple’s historical relevance, Patil believes that its preservation is critical, and that its status as an ancient monument would ensure appropriate funding, attention, and legal protection.
In response to the court’s direction, the Karnataka state government has expressed its willingness to form the expert committee, which will begin its investigation immediately. The committee’s findings will help the government assess whether the temple fits the criteria set under the Karnataka Ancient Monuments Act, 1961, and if so, whether it should be included in the list of protected monuments.
The court’s order also brings attention to the importance of preserving India’s vast cultural heritage, particularly sites that hold both religious and historical value. The Allamaprabhu Swamy Temple’s case has sparked wider discussions on the need for better mechanisms to protect submerged or waterlogged heritage sites across the country.
As the expert committee begins its work, the people of Karnataka and Maharashtra, as well as devotees of the temple, are hopeful that the government will take necessary action to ensure the preservation of the Allamaprabhu Swamy Temple. The decision by the Karnataka High Court reflects the increasing importance of safeguarding India’s ancient and historical landmarks, especially those at risk due to environmental factors like submergence.
The next court hearing on December 10 will determine the course of action following the committee’s report and could pave the way for greater legal protection for the temple.
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