Karnataka High Court sets up committee to examine antiquity of Allama Prabhu Swamy Temple

The Karnataka High Court on Monday ordered the constitution of a three-member committee with representatives from the State as well as the Archeological Survey of India (ASI) to examine whether the Allama Prabhu Swamy Temple can be declared a protected 'ancient monument' under a State law. .A Bench of Chief Justice NV Anjaria and Justice KV Aravind passed the interim direction on a public interest litigation (PIL) petition filed by a law student, Nikhil Vitthl Patil, raising concern over water damage caused to the temple due to its present location near the Hidkal Dam in Belagavi. .The petitioner flagged concern over the state of the Allama Prabhu Swamy and Vithal temples due to water inundation, since these temples remain submerged in water from the Hidkal Dam backwaters for a large part of the year.The manner in which these temples were constructed (an 'interlocking method of construction') left these temples at risk of losing their structural balance, the plea said while calling for their relocation to a nearby area.The petitioner alleged that the concerned authorities were not taking sufficient steps to protect and preserve the temple.He added that the temple and its sculptures fell within the definition of protected "ancient monument" and "antiquities" under the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961..The Court today orally observed that the temple may also fall under a Central law since the parameters for the declaration of a structure as a national monument under the Central law is similar to that for an "ancient monument" under the State's 1961 Act. The Central government's counsel replied that the State's law would apply to this temple since it has not yet been declared a "national monument" by the parliament. He explained that the State's law was intended to cover those monuments that have not been covered by Central laws. .The Court proceeded to direct the formation of a committee with two State experts and an ASI expert to inspect the temple and examine the petitioner's claim that the temple should be given protected 'ancient monument' status under the State's 1961 law.The Court also recorded a prima facie observation that the temple and its structures appeared to satisfy the criteria under the State law for their declaration as protected "ancient monument and "antiquities.".The matter will be heard next on December 10. The committee is expected to report its findings to the Court by then.