MP High Court Inquires State About Action Taken Against Alleged Encroachment Of 'Ancient' Temple

The Madhya Pradesh High Court on Monday (October 6) directed the State to file an affidavit disclosing the current status of the Shri Vishnu Barah Mandir temple located in Majhauli. 

The court further directed the state to inform regarding alleged encroachment on the said land and if any action has been taken or is proposed to be taken against encroachment. 

The court was hearing a PIL seeking conservation and protection of "ancient monument of Shri Vishnu Barah Mandir" situated at Majhauli, District Jabalpur and also highlighting alleged encroachment on the subject land.

As the counsel for the State sought time to seek instructions, a division bench of Chief Justice Sanjeev Sachdeva and Justice Dwarka Dhish Bansal directed; 

"Respondent/State is directed to file an affidavit disclosing the current status of the subject temple as well as the subject land as also with regard to encroachment, if any, and action taken or proposed to be taken against the said encroachment. Let the same be filed within four weeks. List in the week commencing 17.11.2025". 

The plea claims that the temple was declared a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act,1958 by the State via a notification published on August 14, 1981. Per the provisions of this Act, any person who destroys, removes, alters, defaces or misuses a protected monument is liable for punishment with imprisonment or fine or both.

Additionally, as per rule 28, a radius of 100 meters surrounding the monument was declared a prohibited area and the zone between 100 and 200 meters was designated as a regulated area. Thus, within 300 meters of the monument, no construction, mining or agricultural activities could be carried out.

The petition further states that eviction notices were issued to the alleged encroachers. However, one of the encroachers approached the Civil Court, which dismissed the suit but made certain observations regarding encroachment.

The petition alleged that despite observations regarding encroachment, the police and state authorities failed to take any action, while relying on photographs to show encroachers running illegal shops in prohibited and regulated areas.

Contending that the police and state authorities have failed to preserve and conserve the said monument, the petitioner prayed for directions to the Archaeological Survey of India to declare the same as an ancient monument and take possession for better conservation.

Case Title: Shravan Kumar Soni v State [WP 1563/2018]

For Petitioner: Advocates Priyank Shandilya, Deepak Tiwari, Anupam Chaturvedi and Gaurav Tiwari

For State: Government Advocate Anubhav Jain 

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