Jodhpur: Rajasthan High Court has allowed long-settled residents of Gawar village near Kumbhalgarh Fort to repair existing homes and add rooms over old structures, but barred any new construction on fresh foundations in the protected heritage zone.A division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit passed the order Tuesday while disposing of a PIL filed in 2021 by 60 villagers of Gawar in Rajsamand district.The petitioners said they had held ‘khatedari’ land since settlement but were being denied permission to repair or expand their houses to accommodate growing families.The court noted that the Archaeological Survey authorities and the state administration stopped construction within the village’s residential ‘abadi’ area. Notices were also issued under Sections 3 and 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, on grounds that the properties lay on the edge of the protected Kumbhalgarh Fort archaeological site.The bench observed that habitation within and around forts is not unique to Kumbhalgarh, citing similar settlements in Jaisalmer, Chittorgarh, Jaipur, Bikaner and parts of Jodhpur’s walled city. It said residents who have lived in such areas for generations, or even centuries, cannot be displaced merely in the name of protecting archaeological sites.The court, however, stressed that heritage protection remains paramount. It clarified that residents may repair existing houses and undertake additional construction only over old foundations, while any construction involving fresh foundations is prohibited.Residents must also secure all required permissions under applicable building norms before carrying out additional work. The court made clear that its order does not permit any encroachment on the archaeological site.The bench, however, allowed parties to seek clarification from the court, including in individual cases if required.
