The Karnataka High Court has directed a halt to construction allegedly being undertaken by Shree Kudali Arya Akshobya Teertha Mutt within the prohibited zone surrounding the centrally protected Sri Rameshwara Temple at Kudli in Shivamogga district.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemaleka came down heavily on the Archaeological Survey of India (ASI), questioning why construction was continuing despite notices issued by the heritage authority and the pendency of proceedings before the Court.
The Bench orally observed that the ASI has statutory powers under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), and should utilise them to ensure compliance with its directions.
The Court was hearing a public interest litigation filed by Madhusudhan C.G., alleging that the Mutt was carrying out unauthorised construction within the 100-metre prohibited area of the protected monument.
According to the petitioner, the ASI had issued notices on February 7 and February 18, 2025, directing that the construction activity be stopped. Despite these directions, photographs placed before the Court allegedly showed that construction had continued.
The petitioner also submitted that construction activity had accelerated even after the High Court issued notice in the PIL on April 22, 2026. Photographs taken as recently as August 12, 2026 were relied upon to substantiate the allegation.
Taking note of the submissions, the Bench ordered that no further construction be undertaken by the Mutt until the next date of hearing.
The statutory framework governing protected monuments was also central to the proceedings. Section 20A of the AMASR Act prohibits construction within 100 metres of a protected monument, while Section 20C permits only limited repair or renovation of structures existing prior to June 16, 1992, subject to the statutory requirements.
During the hearing, the State authorities indicated that the competent archaeological officer would initiate proceedings for demolition. The ASI, however, maintained that the District Administration would have to undertake the demolition and that it would extend cooperation if appropriate directions were issued to the Tahsildar.
The response did not satisfy the Bench, which questioned the efficacy of the notices already issued by the ASI and emphasised the need for the authority to take concrete steps to enforce its statutory directions.
The PIL further raises allegations concerning the permission purportedly obtained for the construction. It is claimed that the Mutt had secured conditional permission on March 24, 2023 for the “repair and renovation” of an existing structure on the strength of a communication said to have been issued by the Tahsildar, Shivamogga Taluk, on January 10, 2023.
The petitioner alleges that subsequent verification by the Tahsildar’s office revealed that the relevant file was unavailable in official records and that the person identified as “Bharati”, whose signature appeared on the document, was not serving in the concerned government office at the relevant time.
The National Monuments Authority subsequently withdrew the No Objection Certificate on January 30, 2025, reportedly citing the alleged fabrication of the document. It also directed that the construction be stopped and that unauthorised work already carried out be removed.
The Mutt has sought time to place its objections on record.
The matter is next listed for hearing on November 25.
The Court’s interim direction effectively places a judicial restraint on further construction pending consideration of the allegations and the authorities’ response, while keeping open the larger issue of enforcement of the statutory safeguards applicable to centrally protected monuments.
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