Himayat Bagh PIL: HC passes strictures against authorities

Dec 28, 2021

Aurangabad: The Aurangabad bench of the Bombay high court has said that joint efforts were expected from all the authorities to protect Himayat Bagh, a Mughal-era garden that is suffering due to official apathy.

While hearing the public interest litigation (PIL) seeking biodiversity heritage tag for Himayat Bagh, among other prayers, the court said it does not find the respondents serious in the matter.

Filed by Umbrella Welfare Foundation, a non-profit organisation through petitioner Sandesh Hange, different authorities including the Vasantrao Naik Marathwada Agriculture University (Parbhani), the state archaeology department, forest department, biodiversity board and the ministry of environment, forest and climate change have been made respondents in the case.

“All these parties are expected to come forward and show positive attitude in preserving the garden area. It is the oldest garden area in this region, having an area of more than 300 acre. The said garden has its own history and biodiversity importance,” the two-member bench of justice SV Gangapurwala and justice S G Dige said.

The PIL seeks protection of Himayat Bagh under Biological Diversity Act. 2002, as well as under the provisions of the Maharashtra Ancient Monument and Archaeological Sites and Remains Act, 1960.

With the state agricultural university is largely at the helm of affairs of Himayat Bagh, the court has said that it expects that the varsity will take immediate steps in the matter and move the archaeological department after ensuring feasibility of declaring Himayatbagh as biodiversity site. The court has also asked the university to take positive steps in this regard before the next scheduled hearing of the case on February 23 next year.

The forest and archaeological department shall also move into action and take steps accordingly without further delay and/or raising technical issues, the court has said.