HC steps in as ‘illegal mining’ threatens 1,200-yr-old temple site

Nagpur: Taking serious note of alleged large-scale illegal mining near a historically important site, the Nagpur bench of Bombay high court on Tuesday initiated suo motu public interest litigation to protect prehistoric archaeological remains, including a 1,200-year-old temple site in Chandrapur district.A division bench comprising Justices Anil Kilor and Raj Wakode acted on two news reports published in TOI (Jan 4 & Feb 5), treating them as a suo motu PIL . In the last hearing, it appointed Bhanudas Kulkarni as amicus curiae to examine the ground situation and assist in the matter.Following the court's directives, the amicus, along with a team of experts including archaeologists, academicians and conservation specialists, conducted a site visit to Bhatala and Mowad villages in Warora taluka last month. The inspection documented the historical and archaeological importance of the sites through detailed reports and photographs.The court recorded its appreciation for the efforts of experts and local villagers who assisted in identifying and documenting key locations. It noted that "the above-referred persons have put in a lot of efforts" and acknowledged their "painstaking efforts" in bringing the matter to light.Upon reviewing the material, the bench observed that "proper care of these prehistoric archaeological sites has not been taken by the concerned depts, despite being aware of its importance and significance". The court also took note of development plans and conservation measures suggested by the amicus curiae.A key concern flagged before the court was the ongoing illegal mining activity in the vicinity of these heritage sites. "Illegal mining is going on a large scale, which is causing damage to the sites," the court noted, underlining the urgency of intervention.Issuing notices to the Union of India and multiple state authorities, the court directed the Chandrapur collector to personally inspect the mining site and submit a detailed report by April 18. The report must specify whether any mining permissions were granted and, if not, identify officials responsible for failing to prevent illegal operations. The bench warned that failure to comply with the directive would require the collector to remain personally present before the court on the next date of hearing, April 20.The court also expressed expectation that central authorities would consider the recommendations made by the amicus curiae for long-term protection and preservation of the sites.The Bhonda Mahadev temple at Bhatala is believed to date to the eighth or ninth century during the Rashtrakuta period. Constructed from yellow sandstone, the two-storey structure rises about 50 to 60 feet and consists of a mandap and sanctum. Inside the sanctum stands one of the largest Shiva lingas in the Vidarbha region, carved from a single block of black stone measuring nearly 10 feet in length and rising about 4 feet from the ground.The temple is locally known as Bhonda Mahadev because it lacks a traditional spire. Scholars say the origin of the massive black stone used for the linga remains unclear, as such stone is not found in the surrounding area.# HC takes note of TOI reportsCase concerns prehistoric sites in Chandrapur districtIllegal mining flagged as major threat to heritage structuresExpert team conducted site visit with amicus curiaeHC notes lack of care by concerned departmentsCollector directed to inspect site and submit report by April 18Report must clarify legality of mining activitiesOfficials responsible for lapses to be identifiedPersonal appearance ordered if report not submitted