HC seeks Centre's reply on G'barga fort encroachments

The Karnataka High Court has asked the Centre to give a submission as to whether they will take action against encroachment of the Gulbarga fort, failing which it will issue directions on Tuesday.

A division bench comprising Chief Justice A S Oka and Justice Dinesh Kumar was hearing a public interest litigation (PIL) petition, which stated that, at present, there were 282 families illegally residing inside the Gulbarga fort.

Petitioner Sharan Desai, a resident of Bengaluru, had moved the court challenging the inaction on the part of the respondents to implement the instructions by the central government to the deputy commissioner to remove illegal encroachments inside the fort within 30 days of the court's direction.

The petition says that the Archaeological Survey of India (ASI), Gulbarga sub-circle, had written to the DC, requesting him to remove the encroachments by initiating rehabilitation of the unauthorised occupants residing inside the fort for the past several decades, so that ASI can take up conservation, development and beautification of the environs of the monument.

The petitioner has contended that despite the directions of the Centre, no action has been taken by the authorities concerned to remove persons illegally residing inside the fort.

The ASI submitted before the court that while the Centre has the power to declare any ancient monument to be of national importance and a protected site under the Ancient Monuments and Archeological Sites and Remains Act, 1958, it had not been conferred with powers to evict encroachers. The ASI has also sought for the court's direction to other respondents, including the DC, to remove the encroachments within the fort.

The court then directed the Centre to clarify as to what action it will take in this regard and inform the same on Tuesday.