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Ensure ban on quarrying around Beerwah cave: HC
5/8/2014 10:56:31 PM
Early Times Report

Srinagar, May 8 : Jammu and Kashmir High Court has directed the authorities to ensure ban on quarrying around a cave in Beerwah in central Kashmir's Budgam district.
Disposing of a PIL titled Vir Saraf and Ors Vs Union of India and Ors, a division bench comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar observed that the petition has been filed for issuance of directions to the respondents for immediate closure of Illegal stone quarries being carried out by unauthorized persons in and around the site commonly known as "Abhinav Gupta" Caves situated at Beerwah, Budgam.
The petitioner, the court observed, has also sought directions for protection of this site and a declaration of the same as a heritage site for the purposes of its protection and perseveration under the Jammu and Kashmir Ancient Monuments Preservation Act, 1977. In the reply filed by Department of Tourism and Culture and the Department of Archieves, Archeology and Museums, the court said, it has been stated that as per Hindu mythology "Abhinav Gupta" had some followers and the cave at the Beerwah in District Budgam was also used by them for prayers.
It has been further stated that it is the belief of Hindu Shiva Section that Abhinav Gupta was last seen on the tenth day of dark fortnight in the year 968 B.K. Samwat entering the cave along with his followers and then he observed his last prayer.
A reference has been made to the Minutes of Meeting dated 10.06.2013 held under the Chairmanship of Divisional Commissioner, Kashmir which states: "the Cave is located on the top of hillock adjacent to Beerwah Town. The hillock is known as Kohi-berru, the name has been verified from revenue records pertaining to 1977 AD. The record reveals that the cave existing at the time of Shah Sahab a saint from Rainwarai Srinagar arrived here and used the same cave for meditation."
The cave, court observed, has not been declared as a protected monument/site under the Ancient Monuments Preservation Act 1920 AD as amended in 2010.
"Keeping in view the controversy raised in this public interest litigation and the pendency of the matter before the Deputy Commissioner, Budgam, we dispose of the petition with a direction to the Deputy Commissioner to consider and decide the issue in accordance with law after hearing all concerned including respondent no. 11 (inhabitants of Beerwah)," the court said.
The Deputy Commissioner may invite objections for and against by issuing appropriate notice in the local press, the court said.
"We further clarify that the stand has been taken in the reply filed by respondents that quarrying around 400-500 meters of cave has been stopped. It should be ensured that there is no violation of the aforesaid statement," the bench added
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