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Advocate Writes To ASI To Demolish Illegal Structure Near Ancient Bhoganandishwara Temple In Nandi Hills

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On 27 May 2024, advocate and Hindu activist Girish Bharadwaj from Karnataka addressed a letter to the Director of the Archaeological Survey of India (ASI), urging action to demolish an illegal structure near the Shri Bhoganandishwara Temple in Nandi Hills, which violates ASI regulations.

In his letter to the Director of ASI Bengaluru, Bharadwaj stated: “I am writing to bring to your attention a matter of significant concern regarding the unauthorized construction of a Masjid near the Bhoganandishwara Temple in Nandi, Chikkaballapura District. As you may recall, I previously communicated my concerns about this issue in a letter dated May 26, 2023, addressed to Shri G. Kishan Reddy, the Honorable Minister for Culture. Despite subsequent efforts, including filing an RTI application on February 22, 2024, and receiving a response from the Ministry of Culture on March 21, 2024, no action has been taken by the Archaeological Survey of India (ASI) to address this matter. Due to the laxity of ASI and procrastination, vested interests despite being served show cause notice not to build the Masjid, have completed the structure in violation of ASI rules.

I would like to apprise you that, Nandi Hills holds immense cultural and religious significance, being situated just 60 kilometers from Bengaluru. The Bhoganandishwara Temple, a Grade-1 ASI protected structure, stands as a testament to the area’s rich heritage. However, the recent construction of a Masjid near the temple, within a mere 70 meters, violates ASI regulations and the Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2010. This unauthorized construction not only disregards established laws but also threatens the sanctity of the Bhoganandishwara Temple. If allowed to persist, it may lead to various activities such as non-vegetarian cooking, loudspeaker usage, and gatherings that could disrupt the peaceful atmosphere and religious practices of the temple and its devotees.

In light of these concerns, I urgently request the ASI to take decisive action to demolish the unauthorized structure. By doing so, we can Preserve the sanctity of the temple and uphold the interests of Hindu devotees who hold the Bhoganandishwara Swamy in high regard. Thank you for your attention to this matter. I trust that swift action will be taken to address this issue and restore the integrity of this sacred site.”

 

On 19 February 2024, Girish Bharadwaj filed an FIR with the Police Sub-Inspector of Nandigram Police Station, and simultaneously sought a civil case directive from the Additional Civil Judge at the JMFC court in Chikkaballapura circle. The activist’s FIR highlights a concerning issue, despite two stoppage notices issued (Notice No. BNG/NOC/21-22/60 dated 05.08.2021 and Notice No. BNG/NOC/21-22/77 dated 25.08.2021), the Masjid Committee has continued construction of a mosque near an ASI-protected monument site.

The Bhoganandishwara Temple, officially notified in the Gazette of India (GOI) No. 55 Part II on 19 November 1951, is a centrally protected monument under the jurisdiction of the Superintending Archaeologist, ASI, Bengaluru Circle. Additionally, the GOI issued another gazette notification No. 13 dated 30 March 2010, under the AMASR Act 2010, which aims to preserve and protect heritage sites, ensuring no construction, including public projects, occurs within the protected areas surrounding monuments of national importance. Despite these regulations and the issued stop notices, unauthorized construction of a first-floor prayer hall and renovation work within approximately 30 meters of the Bhoganandishwara Temple by the Chairman of Masjid-E-Rahimiya has continued.

A show cause notice issued by the ASI Bengaluru Circle on 05/01/2023 stated:

“A SHOW CAUSE NOTICE UNDER SECTION 20A OF THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958 AS AMENDED BY THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT AND VALIDATION) ACT, 2010.

WHEREAS it has been brought to the notice of this office that Shri Syed Masood S/o Syed Yak, Masjid Committee Member, Nandi Grama, Nandi-562101 is carrying out illegal construction of a Masjid within the prohibited area of Bhoganandiswara Temple, Nandi, which is a centrally protected monument. Repair/renovation of existing structures within the prohibited area of a centrally protected monument without obtaining an NOC for the same from the Competent Authority (Regional Director (South), Archaeological Survey of India, KSIMC Building, Industrial Estate, Bangalore 43) is illegal under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 as amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010.

WHEREAS as per the provision of Section 20A of the said Act, every area beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of 100 meters in all directions shall be a prohibited area in respect of such protected area or protected monument for the purpose of repair/renovation.

And whereas subsection (1) of section 20C of the Ancient Monuments Archaeological Sites and Remains (Amendment and Validation) Act, 2010 provides that any person who owns any building or structure, which existed in a prohibited area before the 16th day of June 1992, or which had been subsequently constructed with the approval of the Director General and desires to carry out any repair or renovation of such building or structure, may make an application to the Competent Authority for carrying out such repair or renovation. As per section 30(a) of the said Act, whoever raises any construction in the prohibited area shall be punishable with imprisonment not exceeding 2 years or with a fine which may extend to one lakh rupees or with both.

Now, therefore, you are directed to stop unauthorized constructions/repairs/renovations/reconstructions immediately and intimate this office within seven days from the receipt of this letter to show cause why necessary action should not be initiated against you under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 as amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010.”

 

Regarding the unauthorized construction and renovation of the Masjid-e-Rahemiya near ASI-protected monument sites, self-proclaimed narrative peddler Mohammed Zubair posted on his official X account that, “Pic taken is from Inside an ancient temple Bhoga Nandishwara Gudi, The Masjid-e-Rahemiya seen in the pic is accross the road, NOT adjecent. It has been ther for several years. The under constructed dome you see is above Khader Wali Mazaar which is across the road and is old too.” This statement subtly conceals the fact that, according to the aforesaid acts, no structures can be created or renovated in such areas without a No Objection Certificate (NOC) once the site is declared important and protected.

The Bhoganandishwara Temple – Marvel of Cultural Heritage of KN

The Bhoganandishwara Temple is the oldest surviving temple in the Nolambavadi style of Dravidian architecture in Karnataka. The temple, rich in heritage, features a large and intricately carved sabha-mandapa, inscriptions, and artwork dedicated mainly to Shaivism, but also significantly to Vaishnavism (Narasimha, Vishnu), Shaktism (Durga, Lakshmi), and Vedic deities (Surya, Agni). The temples host the history of the eastern regions of south Karnataka that flourished under the reign of the Rashtrakuta, Gangas, Hindu Nolambas—Pallavas, Hoysala and the Vijayanagara dynasties. Hence, the temple is protected and managed as a monument of national importance by the ASI.

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