HC expresses displeasure over delayed order compliance
High Court of Karnataka
Kalaburagi: The High Court on Thursday expressed severe dissatisfaction with officials for their failure to comply with a five-year-old order to remove encroachment from the protected area of the Kalaburagi Fort, which has been designated a national monument.
Hearing a Public Interest Litigation (PIL) submitted by RTI activist Sharann Desai, the division bench led by Chief Justice N.V. Anjaria criticized the government’s authorities for their inaction. The court directed the regional commissioner and the Kala-buragi district commissioner to provide a detailed report on the procedures that can be taken regarding the removal of encroachments surrounding the fort.
Furthermore, the regional commissioner must personally submit an affidavit explaining why the directives in the 2019 order have not yet been complied with.
The bench noted that despite a clear court order, the lack of compliance is unfortunate, and that officials have failed in their duty to clear encroachments.
They have also not submitted the compliance report for prior orders, warning that failure to act as directed by the court would amount to judicial contempt.
In conjunction, the court instructed representatives from the Archaeological Survey of India to submit a detailed affidavit regarding the measures taken for the protection of the national monument and to prevent its deterioration. The encroachment within the protected area of the national monument is a serious issue, and the government has been directed to submit a comprehensive objection. The next hearing for this matter has been scheduled for February 25.
Applicant Sharann Desai highlighted in the petition that 194 illegal houses have been constructed in the protected area surrounding the Kalaburagi Fort.
He alleged that both the state and central governments have taken no action in this re gard. During the hearing, government lawyers stated that a plan is in place to resettle the 282 families residing in the encroached area of the fort’s protected zone. Howev-er, the petitioners informed the bench that no such plan has been prepared.