Glory and history cave in: can’t save Magathane

On Wednesday,the court disposed of a public interest litigation by Ashok Bhate,who had challenged construction around the caves and encroachment in and around the caves,and sought directions for protecting the caves.

“What is to be done now?” a division bench of Justice F I Rebello and Justice J H Bhatia said.

If the caves are to be protected,Justice Bhatia said,the people staying in the structures in and around them would be rendered homeless. In view of the lost archaeological significance of the caves,the court asked if they should protect the caves or the people.

The petitioner’s lawyer urged that some effort be made to protect the ancient structures. The court appreciated his effort in bringing up the matter but said he could look for something that can still be saved.

The court had initially expressed surprise when told that the caves were not protected monuments. It had then ordered an inspection and sought a report.

The affidavit by Zulfeqar Ali,deputy superintending archeologist,had said,“Magathane Cave in fact comes under the category of ancient monument as per the Ancient Monument,Archeological Sites and Remains Act,1958,but it is too late for central protection as the site has been badly dilapidated,eroded,and encroached upon.”