Quarrying at 1000-year-old Pandit cave: HC
grants 2 weeks to Govt for response
SRINAGAR, The High Court has granted two weeks to
state government to file response in unabated quarrying operation around an
oldest Kashmiri Pandit cave, popularly known as ‘Batta Goff’ in Beerwah in
Budgam district. A division bench of the High Court comprising Justices
Mansoor Ahmad Mir and Muzaffar Hussain Attar granted time after the matter came
up for hearing. The bench also allowed the government two weeks to explain
regulations framed by it to control quarrying operations from Srinagar to
Anantnag. On October 22, the Court had
issued show cause notice to state government to explain reasons for not
stopping the quarrying operation questioned by the petitioners through a Public
Interest Litigation (PIL). The PIL was filed by by Vir Saraf and Tanveer
Hussain Khan of Roots in Kashmir (RIK) seeking protection of the oldest Pandit
cave in Kashmir. The petitioners have
sought directions against the state government for immediate closure of illegal
stone quarrying being carried out by unauthorised persons in and around the
site commonly known as “Abhinav Gupta” caves
situated at Beerwah in Budgam district.
In
their PIL the petitioners have alleged negligence on the part of the concerned
authorities who have failed to fulfill their duty regarding protection of
ancient caves at Beerwah town of Budgam district. They have said that during a visit to the 1000 year
old Abhinav Gupta cave (locally known as Batta Goff), they were astonished to
see that quarrying activities are being carried out in the vicinity of this
ancient cave. “Since the quarrying activity is being carried out in very
close proximity of these caves, therefore, there is every apprehension that the
same would cause irreparable damage to the same, thereby making it extinct in
near future,” the petitioners have said. They have said that immediately being
a conscious citizen and belonging to Hindu faith, they invited the attention of
general public living in the vicinity about importance of the caves and its
religious significance. The locals of the area immediately gathered and
extended their support for preservation of a religious structure in the
interest of larger public good but unfortunately the activities were neither
restrained nor stopped by the Respondents. They have said that illegal
quarrying activity taking place in and around of the cave poses serious damage
to these caves and this act will surely have later adverse repercussions on
these caves of symbolising great cultural heritage of Kashmir.
They
have further said that there has been no mandate in the form No Objection
Certificate from either Archeological Department or Forest Department and
Geology and Mining Department Kashmir. “This shows callousness on the part of
ASI and local authority to look into illegal excavation of this site which is
violating rule 31, Chapter VII of Ancient Monument and Archeological sites and
remains rule, 1959 as also the Central Government has failed to declare these
caves an ancient monuments and prohibiting it from mining and other related activities.
Apart from this, according to Sec.10-A of J&K Ancient Monuments and
Archeological sites and remains Act, 1977 the Government has the power to
control mining etc. under ancient monuments, which has not been properly taken
into account while such illegal quarrying was taking place for past 20
decades,” the petition reads.
They
have said that despite many oral as well as written representations were made
by the Petitioners to the respective authorities of J&K Ministry of Tourism
to declare Abhinav Gupta cave to be ancient monument of cultural and religious
significance as per Article of the convention for the protection of the world
cultural and natural heritage, that include caves as monuments of cultural
heritage. But on the contrary, not much affirmative action was taken to protect
and maintain it as a tourist site, which would be very helpful in terms of
providing better employment as well as a source of income if exploited in a
correct manner.
“It
is most respectfully submitted that even the Government Website of the State of
Jammu and Kashmir admits that these caves have a significant religious values
and, therefore, are required to be preserved as the heritage sites in order to
satisfy the faith of the devotees,” the petitioners have said
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