The Bombay High Court on Wednesday directed the Archaeological Survey of India (ASI) and the Brihanmumbai Municipal Corporation (BMC) to clear all encroachments in and around Jogeshwari and Mandapeshwar (Borivali) caves and take steps to protect the heritage sites.
The division bench comprising Chief Justice Dalveer Bhandari and Justice Shiavax Vajifdar gave the ASI and the BMC four weeks time to implement the recommendations of a HC-appointed committee to protect the monuments. The committee was appointed in April 2005 in response to a public interest litigation filed by Bhagwanji Rayani of Janhit Manch.
The petition highlighted the pathetic condition of the Jogeshwari, Mandapeshwar, Mahakali and Kanheri caves. The committee's report stated that the Jogeshwari and Mandapeshwar caves were the worst affected and were in dire need of restoration and protection. Encroachments near and on top of the caves had converted the them into a garbage dump.
The order stated that the authorities should ensure that no fresh encroachments take place near the caves and to provide adequate security. Proper lighting arrangements should be made inside the caves to get rid of bat colonies and the authorities consider a proposal to levy a nominal entry fee to control miscreants, it added.
A detailed survey of the existing structure and a video recording is already done. Advocate Shiraz Rustomjee pointed out that a Church atop the seventh century rock-cut Mandapeshwar caves, which are dedicated to Lord Shiva, has a graveyard above the caves. Any further digging is likely to damage the roof of the caves, he said quoting the committee report.
The HC expanded the committee to include the collector and local deputy police commissioner and directed it to monitor the implementation of court directives.
The HC also directed the BMC to deposit Rs 20,000 with ASI to be used for the expenses incurred by the committee.
