HC raps Forest dept as it fails to clear encroachments around Afzal Khan’s tomb

Many times it has been observed that administration take swift action against so-called ‘unauthorised’ Hindu temples, but they fail to clear encroachment on the land by jihadis, like in this case. Will Maharashtra Govt take appropriate action against such people ? – Editor, Hindujagruti

Despite directing to clear encroachments around the tomb of Afzal Khan, who had served the Adil Shahi dynasty of Bijapur as commander, located at Pratapgad fort in Satara district, the forest department failed to initiate the necessary procedures. Finally, on January 25, furious over the lackadaisical approach of the forest authorities, the Bombay High Court in its order passed major remarks against the functioning of the department.

The court observed that despite its 2008 order to demolish the encroachments, and 2010’s contempt petition, there was no development taken place till date. The fort falls under the jurisdiction of the forest department.

The bench, comprising Justice S C Dharmadhikari and Justice B P Colabawalla, further asked the state government to submit an affidavit with the names of all the officials, who are in charge of preventing construction of unauthorised structures in the forest area.

“If such details are not forthcoming, we would not hesitate to summon the conservator of forest and thereafter, he would be personally liable for complete compliance with what this order contemplates and particularly in this PIL,” states the order.

The court further asked the state government to take proper instructions and file an affidavit disclosing the details of the demolition activities carried out with number of structures, their location and the dates of construction and demolition.

The HC bench was hearing contempt petition filed by Milind Ekbote, the founder-president of ‘Samasta Hindu Aghadi’ and chief executive of ‘Pratapgad Utsav Samiti’.

The bench initially had issued an order in October 2008 after public interest litigation (PIL) was filed by Ekbote against alleged encroachment around Afzal Khan’s tomb constructed by Chhatrapati Shivaji Maharaj. It had claimed that the original Khan’s tomb was admeasuring 5 sq ft at the base of the fort, but now, it was surrounded by unauthorised construction of 1,000 sq ft. It also claimed that a number of other constructions had occupied the fort that belongs to the forest department’s land.

The contempt petition had claimed that there is an order passed by the HC for demolition of this construction but still the state government has not been taking action on it.

Talking to Pune Mirror, advocate Shubhada Khot, representing the petitioner, informed, “On October 15, 2008, the bench of Bombay HC, comprising judges Jainarayan Patel and S S Kanthawala, had issued an order to demolish the unauthorised constructions. But, even after nine years of passing the order, the state government has failed to take action against the encroachments.”

Khot continued, “We had submitted that there are several affidavits, which have been filed in this contempt petition. But, the authorities are citing various reasons to delay the case. Now, the court considered our view and issued the order of compliance.”

Petitioner Ekbote told Pune Mirror, “Because of the Congress government, the demolition could not take place. Now, we are expecting some positive developments in the BJP regime.”

When contacted, Anil Anjankar, deputy conservator of forests (DCF), Satara forest division, explained, “We have received the instructions and the said encroachments will be demolished in a phased manner. Because religious sentiments are involved, we did not start the demolition procedures. But, since it is an HC order, we will comply with it as soon as possible.”

Source : Pune Mirror