“You Have Powers, Use Them”: Karnataka High Court Pulls Up ASI As Mutt Construction Continues Near Protected Temple

The Karnataka High Court on Thursday (August 13) pulled up the Archaeological Survey of India (ASI) for failing to enforce its notices against alleged unauthorised construction by a Mutt within the prohibited area around the protected Sri Rameshwara Temple at Kudli in Shivamogga district.

“You protect these monuments. You have powers given to you; you can use your powers to implement the AMASR Act…. Even with the court ordering notice, how the construction is going on?” the The division bench comprising Chief Justice Vibhu Bakhru and Justice K.S Hemaleka orally observed.

The Court was referring to the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

It has now directed that no construction be carried out by Shree Kudali Arya Akshobya Teertha Mutt until the next date of hearing.

The Court was hearing a public interest litigation filed by Madhusudhan C.G., alleging that the Mutt was carrying out unauthorised construction within the 100-metre prohibited area of the Sri Rameshwara Temple, a centrally protected monument.

The petitioner pointed out that the ASI had issued notices directing the Mutt to stop the construction, including a notice dated February 7, 2025 and a stop notice dated February 18, 2025. However, photographs placed on record allegedly showed that the construction had continued unabated.

Counsel for the petitioner Aditya Bhat also drew the Court's attention to photographs taken as recently as August 12, 2026, and submitted that the pace of construction had increased even after the High Court issued notice in the PIL on April 22, 2026.

Taking note of these submissions, the Court observed in its order,

“…The petitioner has filed this PIL alleging that R6 is raising fresh constructions in violation of orders passed by ASI. Counsel for the petitioner refers to notice dated 07.02.2025 where by the ASI has directed R6 to stop unauthorised construction immediately…. The said notice was issued in context of construction being raised around Rameshwara temple, Kudle- a centrally protected monument. A similar notice has been issued on 18.02.2025. The petitioner has also annexed photographs showing that construction has continued unabated. On 22.04.2026, notice was issued by this court. However, petitioner submits that even after notice was issued, R6 has increased the pace of construction…In view of the above, it is apposite to pass an order to direct that till the next date of hearing, no construction shall be carried out…”, the court noted in the order.

Under Section 20A of the AMASR Act, construction is prohibited within 100 metres of a protected monument. Section 20C permits only limited repair or renovation of structures that existed before June 16, 1992.

During the hearing, counsel for the State authorities submitted that the competent officer of the Archaeological Department would initiate proceedings for demolition. However, Additional Solicitor General Arvind Kamath, appearing for the ASI, submitted that the District Administration would have to undertake the demolition exercise, adding that the ASI would cooperate if directions were issued to the Tahsildar.

The Court was however not satisfied with the response. “You have to take some steps. Nobody follows your notices? I will examine,” it orally remarked.

The plea alleges that the Mutt had obtained conditional permission on March 24, 2023 for “repair and renovation” of an existing structure on the basis of a communication purportedly issued by the Tahsildar, Shivamogga Taluk, on January 10, 2023.

According to the petitioner, when the document was subsequently verified, the Tahsildar's office stated in a communication dated October 22, 2024 that the relevant file was not available in its official records and that the person named “Bharati”, whose signature appeared on the document, was not working in the Government office during the relevant period. The petitioner alleged that the document was forged and the signature fabricated.

The National Monuments Authority thereafter withdrew the No Objection Certificate on January 30, 2025, allegedly recording that the document submitted was fabricated, and directed the Mutt to stop construction activity and remove the unauthorised construction already made.

The Mutt sought time to file its objections. The matter will next be heard on November 25.

Advocates Aditya Bhat and Suyash Dugar appeared for the petitioner.

Case Title: Madhusudhan C G v. Union of India & Ors

Case No: WP 11606/2026