A sixth century cave may be lost forever because of the delay in protecting it. Taking into account the affidavits of the Archeological Survey of India (ASI) and the state department of archaeology, the Bombay high court on Wednesday said the Magathane caves near Borivli are “too dilapidated, eroded and encroached upon” to get protection from the central government.
“We protect something that adds to our heritage. If it has all eroded, what can be done?” justice FI Rebello said.
Ashok Bhate of the Bharat Leni Samarthan Samiti had filed the petition seeking protection monument status for the caves. His advocate, Leroy Collaco, told the court that the Buddhist group had identified several other caves in the state that needed protection. The judges said they did appreciate the purpose behind the PIL but the existing remains of the caves are “not worthy of national importance”.
“You [petitioners] better look out for something else that can be saved,” justice Rebello said.
The Magathane caves comprise of a set of seven caves that date back to the sixth and the eighth century. The court was, however, informed that 30 buildings had now come up around the caves. Justice JH Bhatia then said: “Should we protect the caves or the people living there? If the caves are protected, all the people living in those buildings will have to be evacuated.”
Earlier, the court had ordered an inspection of the caves by officers of the ASI and state department of archaeology. The post-visit affidavits submitted to the court by the inspection officers stated that the caves did fall under the Ancient Monument, Archeological Sites and Remains Act 1958 but had lost their glory and were in too dilapidated a state to be a protected monument.
The court felt that “the caves had lost their archeological importance”, and disposed of the PIL.
