Bombay High Court stays demolition around Malegaon's Bhoikot fort till June 17

India Today

06-06-2025

The Bombay High Court has directed the Malegaon administration in Nashik district of Maharashtra to not take any coercive action against people occupying land around an ancient fort 'Bhoikot killa' in Malegaon. In their order, the bench of Justices Gauri Godse and Somasekhar Sundaresan said, 'Until 17th June 2025, no coercive action to be taken to demolish the petitioners' structures or evict the petitioners.'advertisementThe petitioners had approached the court challenging a Government Resolution (GR) dated January 20, 2025 issued by the Tourism and Cultural Affairs Department of the Maharashtra government under the Ancient Monuments and Archaeological Sites and Remains Act.Under the GR, the Maharashtra government has directed the district administrations across the state to demolish all illegal structures in and around 47 forts protected by the Central government and 62 forts protected by the state. Under the GR, a committee headed by the district collector was to be constituted which had to submit a report on whether the recognised forts are encroached on or not. After the assessment, the unauthorised encroachments had to be removed.
Recently, the local administration issued a notice to Shakeel Ahmed Fateh Mohammed (who is also the petitioner) and others living around the fort. The petitioner claimed that there were over 300 families living around the fort. The petitioners stated that they have documentary proof to state that they have been living in their homes around the fort for the last 40 years and their structures have already been regularised by the local administration.advertisementAdvocate Manisha Desai, appearing for the petitioners, pointed out that a Gymkhana and school are already running inside the archaeological site and no action has been taken against the same. However, the action is initiated only against the occupants who are outside the archaeological site.Additional Government Pleader PP Kakade appearing for the state, took time to take instructions, but pointed out that the homes for rehabilitation of families have already been constructed and the families only have to pay Rs 20,000 and take possession. It is only after the rehabilitation is done that the demolition of illegal construction around the fort will be undertaken.However, the court said that people undergoing rehabilitation shouldn't have to pay for taking possession of their new homes. The matter will be heard again by the court on June 10.Must Watch