2-PIL-109-2023.doc jvs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 109 OF 2023 Ganpat S. Raut & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents Ms. Gayatri Singh, Senior Advocate with Mr. Homza Lakdawala and Ms. Shreya Mohapatra for petitioners. Mr. R. S. Apte, Senior Advocate with Mr. Niranjan P. Shimpi for respondents 4 & 5 (UoI). Ms. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondents 1 to 3. CORAM: ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. DATE: 2nd JULY, 2025 P.C.: 1. Petitioner nos. 1 and 2 claim themselves to be farmers, whereas petitioner no. 3 is employed in Mumbai. They are natives of village Barsu in District Ratnagiri. 2. In this Public Interest Litigation (PIL), the petitioners seek a direction to the Archaeological Survey of India to initiate necessary proceedings under section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 to protect the geoglyphs and petroglyphs. The petitioners seek further direction to respondents 1 to 5 to take necessary steps at the earliest to preserve and protect the geoglyphs 1 2-PIL-109-2023.doc and petroglyphs present at various sites in the State of Maharashtra and in particular in District Ratnagiri. 3. An affidavit in reply on behalf of the State of Maharashtra, Collector, Ratnagiri and Directorate of Archaeology and Museums, Government of Maharashtra (respondents 1 to 3) has been filed, wherein, in paras 5 to 9, the following statements have been made: - “5. I say that, as regards the prehistoric period petroglyphs of the Konkan region, the Directorate of Archaeology and Museums, Maharashtra State started a systematic survey in Ratnagiri and Sindhudurg districts. From the sites discovered inthis survey, it initiated the process to declare selected and unique petroglyphs sites the state protected monuments under the above-mentioned provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960. As of now, the following petroglyphs sites have been declared the state protected and the final protection notifications have been issued. Hereto annexed and marked as Exhibit – A (Colly) are the copies of the said final notifications. Sr. No. Name of the Petroglyph Site Final Notification Number 1. Devihasol, Tal. Rajapur, Dist. Ratnagiri No. Lekjd&2018@iz- dz- 59@lka- dk- 3] dated 25th August, 2023 2. Kapadgaon, Tal. Ratnagiri, Dist. Ratnagiri No. Lekjd&2018@iz- dz- 84@lka- dk- 3] dated 25th August, 2023 3. Kasheli, Tal. Rajapur, Dist. Ratnagiri No. Lekjd&2018@iz- dz- 83@lka- dk- 3] dated 25th August, 2023 4. Barasu (Petroglyph No. 2), Tal. Rajapur, Dist. Ratnagiri No. Lekjd & 2018@iz- dz- 8@lka- dk- 3] dated 25th August, 2023 5. Bhagavatinagar, Tal. Ratnagiri, Dist. Ratnagiri No. Lekjd&2018@iz- dz- 8@lka- dk- 3] dated 25th August, 2023 6. Chave, tal. Ratnagiri, Dist. Ratnagiri No. Lekjd & 2018@iz- dz- 8@lka- dk- 3] dated 25th August, 2023 7. Ukshi, Tal. Ratnagiri, Dist. Ratnagiri No. Lekjd & 20@lka- dk- 3] dated 30th January 2024 2 2-PIL-109-2023.doc I further say that, the proposals for the final notification of the following petroglyph sites have been submitted to the Department of Tourism and Cultural Affairs, Government of Maharashtra for approval. Hereto annexed and marked as Exhibit- B is a copy of the proposal for final notification. Sr. No. Name of the Petroglyph Site Directorate’s Letter Number 1. Wada Rundhe, Tal. Rajapur, Dist. Ratnagiri No. ra= 2023@va-v-iz&okMk :a<s dk- l- @3064] dated 16th November, 2023 I further say that, the proposal for the following petroglyph site has been sent to the Assistant Director (Archaeology), Ratnagiri Divisional office under the Directorate of Archaeology and Museums, Maharashtra State for verification. Hereto annexed and marked as Exhibit-C is a copy of the proposal for petroglyph site sent for verification. Sr. No. Name of the Petroglyph Site Directorate’s Letter Number 1. Deud, Tal. Ratnagiri, Dist. Ratnagiri No. ra= 2023@la- i- & l-la-j-@2520] dated 27th September, 2023 I further say that, the proposals for the primary notification of the following petroglyph sites have been submitted by the Directorate to the Department of Tourism and Cultural Affairs, Government of Maharashtra. Hereto annexed and marked as Exhibit-D is a copy of the proposal for the primary notification. Sr. No. Name of the Petroglyph Site Directorate’s Letter Number 1. Barasu (Petroglyph No. 1), Tal. Rajapur, Dist. Ratnagiri No. ra= 2023@izk-v-iz&ckjlw dkrGf’kYi dz 1@1248] dated 18th May 2023 6. I say that, the Directorate of Archaeology and Museums, Maharashtra State submitted proposal to the Archaeological Survey of India, New Delhi vide F. No. Tech. 2021-22/ASI CRPS-UNESCO W.H. 3 2-PIL-109-2023.doc dated 13th July, 2021 for inclusion of nine petroglyph sites in Maharashtra and Goa states in the UNESCO World Heritage category. From Maharashtra state, the sites include Kasheli, Rundhetali, Devache Gothane, Barsu, Devihasol, Jambhrun and Ukshi in Ratnagiri district and Kudopi in Singhudurg district. From Goa state, the petroglyph site at Fansaimal has been nominated. All sites have been already been included in the tentative list of UNESCO World Heritage Sites. The Department of Cultural Affairs, Government of Maharashtra has sanctioned the proposal for the preparation of the final nomination dossier for these above-mentioned petroglyph sites and awarded this project work to Creative Footprint, New Delhi on 13th October, 2022. The said organization has prepared the final nomination dossier and the name has been submitted to the UNESCO World Heritage Centre, Paris through the Archaeological Survey of India, New Delhi vide the Directorate’s letter no. Tech. 2023/ASI CRPS – Nomination Dossier/115, dated 11th January 2024. Hereto annexed and marked as Exhibit-E is a copy of the said Letter dtd. 11.01.2024. 7. I say that, as far as the petroglyph sites at Devache Gothane and Barasu in Ratnagiri district are concerned, the Directorate has sent a letter vide F. No. Tech. Geoglyphs/2023/1306, dated 25th May, 2023 to the Chief Executive Officer, Maharashtra Industrial Development Corporation (M.I.D.C.) for excluding the said petroglyphs sites from the oil refinery project and requested to furnish maps of the proposed oil refinery and the related information. Hereto annexed and marked as Exhibit-F is a copy of the said Letter dated 25.05.2023. Also, considering the threat posed by the proposed oil refinery to the above-mentioned petroglyph sites, the Directorate informed Creative Footprint, New Delhi vide letter no. Tech. 2023/Barasu Katalship Group/1917, dated 24th July, 2023 for the submission of a map and updated information about the Barasu petroglyph site. Responding to the above-mentioned letter of the Directorate, the Chief Executive Officer, 4 2-PIL-109-2023.doc Maharashtra Industrial Development Corporation (M.I.D.C.) has taken a positive action and informed the Directorate vide letter no. CEO/MIDC/E18338, dated 17th July, 2023 that the M.I.D.C. has not proceeded with the further process of land acquisition and has decided to develop the land parcel as Devache Gothane and Barasu in Ratnagiri district through a “pass through” type of acquisition for the industries interested in the said land parcel. Hereto annexed and marked as Exhibit-G (Colly) are the copies of the said Letters dtd. 24.07.2023 and 17.07.2023. It is important to note here that the M.I.D.C. has decided to exclude the land parcel from the proposed land acquisition proposal in and around the petroglyphs located in Devanche Gothane and Barasu in Ratnagiri district. 8. I say that, for the preservation, conservation, development and management of selected seventeen petroglyph sites (Bhagavatinagar, Deud, Ukshi Pochri, Ukshi, Niwali, Gawadewadi,Kapadgaon, Umare, Kolambe, Kasheli, Wadi Rundhe, Devi Hasol, Solgaon, Devache Gothane, Goval, Barasu (Petroglyph No. 1) and barasu (Petroglyph No. 2) in Ratnagiri district, the Directorate has prepared a detailed proposal and has submitted it to the Department of Tourism and Cultural Affairs, Government of Maharashtra vide letter no. Lekjds@2023@1930] dated 25th July 2023 . The Government of Maharashtra has accorded the administrative approval for the estimate of Rs.4,32,19,136/- (in words Rupees four crore thirty-two lakhs nineteen thousand one hundred and thirty-six rupees only) vide the Government of Maharashtra Resolutions no. Lekjds&2021@iz-dz- 111@lka-dk- 3] dated 25th November, 2022 and 5th December, 2022. Hereto annexed and marked as Exhibit-H (Colly) are the copies of the Government Resolutions dtd. 25.07.2023, 25.11.2022 and 05.12.2022. The execution of the said work preservation, conservation, development and management is in progress. 5 2-PIL-109-2023.doc 9. I say that, the Directorate of Archaeology and Museums, Maharashtra State is taking the necessary steps for the protection, conservation and preservation of the petroglyph/geoglyph sites in Ratnagiri and Sindhudurg districts of Maharashtra. 4. In view of the aforesaid stand taken by the respondents in the affidavit in reply, we deem it appropriate to issue the following directions: (i) The Directorate of Archaeology and Museums, Government of Maharashtra shall take necessary steps to preserve and protect the archaeological sites as mentioned in para 8 of the petition and such other sites as may have been identified by the Government of Maharashtra; (ii) The funds which have been sanctioned for maintenance of geoglyphs and petroglyphs sites shall be utilised for the purpose of preservation, conservation, development and maintenance of the same; (iii) In addition, the petitioners are at liberty to give any suggestion/assistance for maintenance of the geoglyphs and petroglyphs and to suggest any additional sites. 5. With the aforesaid directions, the PIL is disposed of. (SANDEEP V. MARNE, J.) (CHIEF JUSTICE) 6 PRAVIN DASHARATH PANDIT Digitally signed by PRAVIN DASHARATH PANDIT Date: 2025.07.03 09:55:05 +0530