Research › Search › Judgment

Bombay High Court · body

2025 DIGILAW 834 (BOM)

Janhit Manch through its President Bhagvanji Raiyani v. Hon'ble Minister for Information, Broadcasting and Culture

2025-07-02

ALOK ARADHE, SANDEEP V.MARNE

body2025
JUDGMENT : 1. None appears for the Petitioners. Mr. More, the learned Addl. GP appears for Respondent-State. 2. The Petition is filed seeking following prayers:- (a) Respondent No.1 be directed to appoint a committee with one representative officer from each of the six Respondents which should also include the curator of the Prince of Wales Musium, a member from the Urban Heritage Committee, a member from the Indian National Trust for Art and Cultural Heritage (INTACH) a member from any reputed environment group and a representative of the 1 Petitioner for spot study of the caves and recommending the steps to be taken in lieu of this petition for the appropriate preservation of the caves and file the report thereof before this Hon'ble Court. (b) Respondent No.1, 3, 4 and 6 be directed to have a joint meeting for chalking out the action plan for security, upkeep and removal of encroachments around the subject caves based on the report of the said committee and submit the same to the Hon'ble Court with the copy thereof to be furnished to the petitioners. (c) Respondent No.1 and 3 be directed to provide necessary budge at required for implementation of the said action plan as approved by the Hon'ble Court. (d) The Respondent No.3 be directed to strictly enforce the provisions of The Ancient Monuments and Archaeological sites and Remains Act, 1958 and also The Ancient Monuments and Archaeological site and Remains Rules 1959 w.r.t. the subject caves and remove the encroachments and illegal constructions around the said caves in accordance to the said Act and the Rules made thereunder. (e) For expeditious hearing of this petition. (f) For cost to the petitioners. (g) For such further and other reliefs as the nature and circumstances may provide. 3. The Petition essentially seeks security and upkeep of the caves in Mumbai viz., Mandapeshwar caves, Kanheri caves and Mahakali Caves. Petition also contains a prayer for removal of encroachment around the said caves. The Respondents are under statutory obligation to maintain the caves. We hope and trust that all necessary actions are taken by the Respondents for the purpose of maintenance and upkeep of the caves. In case it is noticed that any encroachment is observed around the subject caves Respondents shall take appropriate action in respect of such encroachments after following due process of law. 4. With the above directions, Petition is disposed of. In case it is noticed that any encroachment is observed around the subject caves Respondents shall take appropriate action in respect of such encroachments after following due process of law. 4. With the above directions, Petition is disposed of. 5. Aggrieved persons will be at liberty to take recourse to such remedy as may be available in law. 6. With the disposal of the Writ Petition, all Interim Applications, Notice of Motions and Chamber Summonses stand disposed of.