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Karnataka High Court Steps In To Protect Kempegowda Fort, Issues Notice To ASI And State Over Encroachments On Heritage Site

Vivek G.

Karnataka High Court issues notice to ASI and State on PIL over encroachments threatening Kempegowda Fort, directs immediate inspection and protection steps.

Karnataka High Court Steps In To Protect Kempegowda Fort, Issues Notice To ASI And State Over Encroachments On Heritage Site

The Karnataka High Court on Friday issued notices to the State Government and the Archaeological Survey of India (ASI) after hearing a public interest litigation (PIL) demanding urgent measures to protect the centuries-old Kempegowda Fort from encroachments and ongoing construction activities. The petition, filed by heritage activist Dr. H. M. Krishnamurthy, argues that the monument - a crucial part of Bengaluru’s cultural legacy - is being “slowly eaten away by neglect and illegal occupation.”

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The Division Bench comprising Chief Justice Vibhu Bakhru and Justice C. M. Poonacha took a serious note of the matter and sought responses from the authorities concerned.

Background

The Kempegowda Fort, situated in Magadi taluk of Ramanagar district, was built by Nadaprabhu Kempegowda, the founder of Bengaluru and the commander-in-chief of the Vijayanagara Empire. This historical structure, complete with its ancient moat and temples, is officially recognized as a protected monument under the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act.

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Senior Advocate D. R. Ravishankar, appearing for the petitioner, told the bench that the fort “is not just stone and mortar; it represents the foundation of Bengaluru’s very identity.” He pointed out that the International Airport itself bears Kempegowda’s name, underlining his historical significance.

Citing drone footage, the petitioner highlighted that a 30-foot high wall built around the fort for protection has already suffered damage. Parts of it, he said, “stand broken and unattended.”

Court’s Observations

As the court examined the photographs attached to the petition, Chief Justice Bakhru remarked that the visuals “raise serious concerns about preservation.” The bench also took note of the Commissioner of Archaeology’s report, which allegedly confirms encroachments within the fort’s regulated and prohibited zones.

“The fort’s sanctity cannot be compromised for convenience,” the bench observed, indicating that heritage sites deserve proactive protection from the State rather than reactive litigation from concerned citizens. The court seemed to agree with the petitioner’s contention that it should not fall upon individuals to safeguard historical structures that are already notified as protected.

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Decision

After hearing the submissions, the Division Bench issued notice to the State Government, the ASI, and other concerned authorities. They have been asked to file their responses detailing the current status of the monument and steps taken to prevent further encroachment.

The petitioner’s plea also seeks immediate removal of illegal constructions and the formation of a dedicated monitoring committee with heritage experts to oversee the fort’s conservation.

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For now, the court has directed that the respondents inspect the site and take appropriate measures to prevent further damage. The matter will be heard next after the authorities file their replies.

With this interim direction, the High Court has once again reminded the administration that Karnataka’s historical legacy - from stone forts to sacred sculptures - must not fade behind walls of negligence.

Case Title: Dr. H. M. Krishnamurthy v. State of Karnataka & Others

Case No.: WP 16363/2025

Date: October 10, 2025

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