Bombay high court directs ASI to decide on BARC scientist plea soon

The Bombay high court has directed the Archaeological Survey of India (ASI) to decide by June 30 on the plea of a former Bhabha Atomic Research Centre (BARC) scientific officer, who wants to build a house near Panhala fort in Kolhapur.

A division bench of chief justice Mohit Shah and justice DG Karnik recently directed the competent state authority to decide on the plea at the earliest. Dr Kshitij Kulkarni was served a show-cause notice by the ASI as a recent amendment in the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, prohibited construction within 300m of protected monuments.

Advocate Dhairyasheel Sutar, appearing for Kulkarni, said: “The high court has told the authority to decide on our plea within the prescribed time, but it has been delaying any decision on the pretext that the bye laws have not been formulated.”

Kulkarni had submitted an application for permission for construction as required under the relevant laws on February 24, 2010, along with the construction plan to the municipal council of Panhala. However, the plea was forwarded to the ASI that refused permission. According to the act, which came into force on March 30, 2010, the first 100m around the monument is a prohibited area, while the other 200m is a regulated area subject to permission from necessary authorities.