Karnataka High Court Issues Notice To ASI, State Govt On PIL Seeking Protection Of Kempegowda Fort From Encroachments

The Karnataka High Court on Friday (October 10) issued notice on a PIL seeking steps for preservation of Kempegowda Fort and moat, which is stated to be a protected, ancient and heritage monument of historical importance under the State Ancient and Historical Monuments And Archaeological Sites and Remains Act.

A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha issued notice to the State Government and Archeological Survey of India and others on the petition filed by Dr H M Krishnamurthy.

Senior Advocate D R Ravishankar appearing for the petitioner submitted that Kempegowda was the commander-in-chief of the Vijayanagara Empire and he built the fort. It was him who is also the builder of Bangalore and the International airport is also named after him.

Referring to the images of the fort as taken via a drone, he contended that a 30-foot high wall has been built to protect the fort; a portion of the wall has already been destroyed. He urged that the fort being a protected monument was rich heritage and it should not have been for the petitioner to approach the court seeking relief. He said that the State on its own should have taken steps to protect and preserve it and ensure that the entire area is cordoned off. .

Further referring to the report of the Commissioner of Archaeology he highlighted the encroachments that have taken place within the fort precincts. On going through the photographs and averments made in the petition the court issued notice to the respondents.

The petitioners have requested that the fort of Nadaprabhu Kempegowda, the moat of the fort and the development of the temples established by him, the monuments, sculptures, and the encroached fort should be protected.

The plea prays for a direction to the 6th respondent for removal of encroachments within prohibited/regulated zones of Kempegowda Fort (Magadi taluk) (Ramanagar district) and strict enforcement of the provisions of Act, with penalties for violations. Further, to direct the State for the constitution of a monitoring committee (including heritage experts) to oversee conservation of the Fort.

By way of interim relief it is sought to direct the respondents to inspect and take immediate steps/action with respect to ongoing construction / encroachment within prohibited distance of Kempegowda fort and moat. It also seeks immediate removal of illegal structures/market encroachments and to maintain status quo on land use around the monument.

Case Title: Dr H M Krishnamurthy AND State of Karnataka & Others

Case No: WP 16363/2025