Lawyer sends legal notice over misidentified monument in Vidisha

BHOPAL: A legal notice has been dispatched to the Ministry of Culture, the Director General of the Archaeological Survey of India (ASI), and other relevant authorities regarding several concerns about the identification and management of an ancient monument in Vidisha.

The notice has been issued under Section 80 of the Civil Procedure Code (CPC) by an advocate named Pawan Raghuvanshi, highlighting multiple issues that he argues must be addressed to ensure compliance with the relevant laws and regulations.

He claims that the ancient monument site in Vidisha has been incorrectly identified in the official gazette notification. It is listed as the "Vijaymandal Mosque," whereas, according to the lawyer, the site is actually a temple. The notice calls for rectification of this error under Section 36 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The lawyer argues that the transfer of guardianship and ownership rights of the monument from the state govt to the central govt/ASI has not been properly documented in the revenue records. This is alleged to be in violation of Section 8 read with Section 13 of the Act, 1958.

The notice highlights the absence of required excavation work at the site. According to Section 21 of the Act, such excavation is essential for uncovering the exact identity of the monument. The lawyer points out that no survey has been conducted on the site, despite an obligation under Section 35A of the Act to carry out such surveys. The lack of this mandatory survey is seen as a significant oversight.

The legal notice demands that the concerned authorities address these issues promptly. The lawyer has warned that if the matters are not resolved, a Public Interest Litigation (PIL) will be filed in court to seek judicial intervention and ensure that the required actions are taken. The authorities have been given a timeframe to respond to the notice.

Controversy emerged around the ancient Vijay Surya Mandir in Vidisha that is managed by the Archaeological Survey of India (ASI). Hindu devotees had been observing religious rituals outside the site on Nag Panchami. This year, however, Hindu groups had sought permission to enter the premises and hold puja on August 9.

The then District Collector Buddesh Vaishya had forwarded their request to ASI, which responded by citing a 1951 gazette notification categorising the site as ‘Bijamandal Mosque’. The collector then denied permission for worship, sparking outrage among Hindu groups.

They oppose ASI’s classification of the site as a mosque, asserting that it has been a place of Hindu worship since 1972. The collector was shunted after this episode.

The Vijay Surya Mandir / Bijamandal mosque site is located around 60km from Bhopal and barely 10km from Sanchi Stupa. It is believed to have been built in the 11th-12th Century to honour the Sun God.

The temple suffered significant damage during Mughal rule, particularly under the reign of Aurangzeb, after which it was repurposed as a mosque in the 17th Century.

However, under Maratha rule, the mosque was relocated, and the site fell into disrepair, say locals. Vidisha BJP MLA Mukesh Tondon had proposed a survey to establish the temple’s ownership, similar to the process used for other religious sites.

This survey, he believes, will confirm the temple’s status and potentially lead to “restoration of its full use for worship”.

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