The Bombay High Court lately ordered the director of Archaeology and Museums, Maharashtra, to depute a reliable officer to conduct a survey and inspection of the continued piling and construction actions around Banganga talav at Walkeshwar, Malabar Hills, in south Mumbai.
A Division Bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni was listening to a petition filed by the Board of Trustees of the Temples Charitable Institution and Funds of Gaud Saraswat Brahman Community. The petition alleged that as a result of of the intensive piling and construction actions, Banganga talav, which was a State-protected monument and a grade-I heritage construction, was being severely affected.
The plea mentioned, “The natural underground water streams/water flow to the talav is being disturbed and contaminated on day-to-day basis due to the inflow of muddy water as well as accumulation of mud in the water of the talav in huge quantity.”
On February 22, senior advocate Milind Sathe, showing for builders who’re finishing up the work, informed the court docket that originally, the director of Archaeology and Museums had directed them to cease work as a consequence of their omission to acquire permission from the directorate for commencing the work of piling and construction. However, after submitting a proposal together with stories of technical specialists, and on perusal and scrutiny thereof, the director on January 22, 2021, lifted the cease work order and permitted the authorities to proceed with the piling and construction actions topic to strict compliance with sure situations.
The court docket mentioned, “Having regard to the seriousness of the concern expressed, we direct the director of Archaeology and Museums to depute a competent officer for the purpose of conducting a survey and inspection of the piling and construction activities around the talav undertaken by the developers immediately, but not later than two days of receipt of a copy of this order.”
The HC mentioned such officer ought to confirm whether or not piling and construction actions of the character undertaken by the builders have been in conformity with the eight situations talked about within the order by the director and likewise whether or not by motive of such actions, the water degree in addition to the standard of water within the talav was in any manner affected or not, as alleged by the petitioner.
The court docket directed the officer to file the report in a sealed cowl on March 1 and informed Mr. Sathe to supply the technical report and the advice referred to in situation of the order by the director.