The state of Maharashtra is known for its rich, wholesome culture, the history associated with Chhatrapati Shivaji Maharaj, and the magnificent forts he built or conquered to establish Swarajya. Each historic fort here has its own story to tell, be it the Shivneri where Chhatrapati Shivaji Maharaj was born, or the Raigadh which was the capital of the Maratha Kingdom, or Rajgadh, the former capital of the Empire. Similarly, the fort of Vishalgadh which is currently in the news for the claimed illegal encroachments holds great importance when it comes to the history of Chhatrapati and his loyalist, the Maratha General Army Baji Prabhu Deshpande.
Vishalgadh located in the Kolhapur district of Maharashtra is the fort that Chhatrapati Shivaji Maharaj reached after escaping from the trap of Bijapur’s Adilshahi army led by a General called Siddhi Masood who wanted to kill him. Maratha warriors Baji Prabhu and Phulaji Prabhu then fought a battle at Pawankhind to assist the king reach Vishalgadh safely on the 13th of July, 1660. Marking the 364th year of the battle, the Sakal Hindu Samaj and the loyalists, and worshippers of Chhatrapati Shivaji Maharaj have decided to lead a protest against the ‘illegal encroachment’ settled on the fort, demeaning its history and causing alleged insult to the Hindu legacy.
This is notably, the second of its kind protest where the Hindu community people are demanding the removal of the illegal encroachment from the fort and restoration of the fort’s original legacy. OpIndia went to the ground on July 11th, days ahead of the massive protest organized by the current Chattrapati Sambhaji Maharaj and activist Shirish More, the 11th ancestor of the great Maharashtrian saint Sant Tukaram Maharaj. It was observed that massive alleged illegal construction and encroachment has been happening for years on the fort causing ‘insult’ to around 24 Hindu temples and structures originally located on the fort since the 17th century.
It is believed that the population located on the fort of Vishalgadh, most of which is Muslim, has been involved in carrying out alleged illegal encroachments, construction, or illegal expansion of the Masjid. The population there has also for years constructed illegal sheds, further expanding the businesses of chicken and cattle slaughters. The Hindu protestors on the 7th of July this year conducted the first massive protest in heavy rains on the lower ground of the fort and demanded the removal of the illegal structure and ban on the animal slaughter on the fort.
#Vishalgadh Thousands of spirited Hindu youths have gathered at historic Vishalgadh Fort to free it from the clutches of global squatters called #Jihadi land mafias!
— Legal Rights Observatory- LRO (@LegalLro) July 7, 2024
Sprawling Izlamic structures have propped up at Shivshahi fort spread across thousands of square fts as a result… pic.twitter.com/NIWdMqrevJ
‘Illegal Masjid’ and expansion of houses belonging to the specific community population
As per the documents exclusively obtained by OpIndia, there are a total of 156 properties that have undertaken illegal expansion of the homes and shops by building iron sheet sheds. Many of the houses on the other hand are illegally built only using iron sheet sheds. Among these 156, around 100 plus properties belong to the Muslim community people who are said to have illegally encroached on the area around the old Dargah and the firm extended Masjid covered by iron sheets.
The old Dargah on the fort known as the Sardar Malik Rehan Baba Dargah is one of the 12 religious structures officially mentioned in the survey report by the government. A report by the Archeological Survey State Department, obtained exclusively by OpIndia reveals that the fort was declared an archaeological site in the year 1999, and after that, a survey was conducted to include 12 religious structures out of which 11 are Hindu temples and 1 is this Dargah.
However, the area where the Dargah was located earlier was quite small which has now been expanded to more than a thousand square feet. The Hindu community protestors say that the expansion of the Masjid behind the Dragah has been undertaken without the state’s permission, hence illegal. Notably, the total area that has been encroached as per the government documents by the population reading on the fort is around 58,000 sq ft. The maximum encroachment has reportedly allegedly happened around the Malik Rehan Baba Dargah and the Masjid aligned.
Furthermore, it is worth noting that numerous Hindus who live on the fort, probably unaware of the Hindu heritage associated with the fort, visit the Dargah. Also, some Hindus, most of whom are from Karnataka, go to the Dargah since they believe that any prayers or desires made at Malik Rehan Baba’s Dargah are granted. Unfortunately, Hindus have failed to visit and maintain the Hindu temples and structures located on the fort since the 17th century.
Around the Dargah, several Muslim community people have constructed alleged illegal sheds selling religious products like Chunri (religious cloth) for Baba, essence sticks, flowers, and photographs. For any construction or expansion to take place on a heritage structure, severe permission from the Archeology department and the state is required, but as per the protesting indiciduals, the community people have failed to follow the rules and have been expanding their premises illegally the last 10 years.
The Dargah remains well-maintained and well-looked after as compared to the other Hindu structures. The structure around the Dargah also seems to have been constructed, expanded, or renovated in the year 2015, but no Hindu structure to date unfortunately has obtained this level of attention on the fort.
Interestingly, on asking about Malik Rehan Baba in whose memory this Dargah was built, one of the local Hindu residents said that he was an invader who was killed by the Mavlas of the Maratha empire. “People here (Muslims) believe that Malik Rehan Baba and his Dargah have a history of 2000 years. They believe that Baba resided here since then. But this fort was built by King Bhoja of the Shilahara dynasty who is believed to have ruled from 1175–1212 ie between the 12th and 13th centuries. Then how can this Baba reside here before that? He was an Adilshahi invader and was killed by the brave Mavlas of Marathas in the 17th century. The previous governments sadly spent around Rs 10 lakhs on the beautification of the Dargah but the Hindu temples, Samadhi Sthals of Baji Prabhu and Phulaji Prabhu Deshpande who for Swarajya, the life of our beloved king Chhatrapati Shivaji Maharaj remain ignored,” said Rohit Jangam (name changed for the security reasons), one of the activists working to save Vishalgadh.
Court battle over the removal of illegal structures
In December 2022, the state archaeology department issued orders asking persons from a minority community to demolish their illegal structures. The department had directed the persons to demolish their structures within 30 days of receipt of the orders.
The aggrieved individuals then approached the HC, challenging the demolition order, claiming that their structures were built before the fort was designated a protected monument in 1999. As a result, the relevant portions of the Maharashtra Ancient Monuments and Archaeological Sites Remains Act of 1960 could not apply to them.
The Bombay High Court had then stayed the demolition order in February 2023. The division bench of Justice Gautam Patel and Justice Neela Gokhale, while hearing the petition filed by Ayub Kagadi and six others, was informed that the persons claimed to be in possession of small land parcels within Vishalgad Fort in Kolhapur district were for more than 30 to 60 years. While the land in the possession of one of them was regularised in 1983, proposals for regularisation of the structures were pending before the government.
The bench was also informed that the petitioners received notices from the joint director of the Department of Archaeology on December 13, 2022, under Section 21 (2) of the 1960 Act. The notification required the petitioners to remove their constructions within 30 days and said that if they failed to do so, the government would demolish them without notice and reclaim the costs from them.
Illegal encroachment on forts, public land, and culturally valuable locations is a widespread problem throughout the country. However, each time authorities muster the resolve to address the problem and genuinely apply the law, it is seen that components of the leftist ecosystem tend to help the encroachers. Such considerations are virtually always considered by our system, and any hopes citizens have for prompt justice are lost in the legal morass.
Temples and Hindu structures on the fort stand ignored, damaged
There were a total of 55 ancient temples on the fort of Vishalgadh. But today, only 20 to 24 Hindu structures and temples are intact though in dire condition. The rest have become extinct. OpIndia visited a few temples like the Bhagwanteshwar Mandir, the old Shiva temple, the Vitthal Rukmini temple, and the Hanuman temple. Also, respectful visits were paid to the Samadhi Stals of Veer Baji Prabhu and Phulaji Prabhu Deshpande, brothers who fought the battle of Pawankhind to save the life of Maratha King Chhatrapati Maharaj.
These temples are looked after and maintained by Nilesh Hardikar, the only Brahmin individual who said, has been residing on the fort since his birth. Today, the 61-year-old man takes care of these temples at his own cost and also daily offers respects at the Samadhi Sthals of Deshpande warriors.
Hardikar resides in a single-room home allotted to his ancestors by the then government and walks daily 16-20 km to look after the temples and the Hindu structures. The Hanuman temple is around 5 km from his home, the Samadhi Sthal of Deshpande warriors is 4 km, and the Amruteshwar temple is at a distance of 5 km. But this Hindu Brahmin who keeps on raising his voice against the illegal activities on the fort walks daily this long to worship the Lords and look after the temples.
“The condition of the temples here is not that good. But I try my best to keep the temples clean and in good condition. I daily offer prayers and flowers at the Bhagwanteshwar Mandir, Vitthal Mandir, and other Hindu structures, and that too at my own cost. This is what we have been doing for years. The government has as if completely ignored these temples but has spent lakhs of rupees in the past to develop other religious structures,” he said as he hesitated to name the old Dargah.
He further confirmed that illegal encroachments have been taking place on the fort and maximum of them have been undertaken by the other community people. “I don’t say that Hindus have not illegally expanded their properties here. But that is minor as out of 156 total properties here, only 34 belong to Hindus. The government must take down illegal encroachments but most necessarily it should do something to maintain these old temples. If not paid attention, these temples and the Hindu legacy of the fort will go extinct,” Hardikar added.
On visiting the Vitthal temple, it was found that the old roof of the structure had become vulnerable and could shatter at any time. The idol of Lord Ganesha in the Bhagwanteshwar temple stood broken, unclean, and covered in some plastic which was painful to see.
Further, a massive inconvenience was caused while on the way to the Samadhi Stals of Baji Prabhu Deshpande and Phulaji Prabhu Deshpande as no proper roads were constructed leading to the Samadhi Stals. One has to walk miles down the green luscious mountains, balancing the heavy flowing winds to offer respects at the Samadhi Sthals. Also, the spot is so isolated that hardly any passerby or tourist treks down to offer respects there, Hardikar stated.
Meanwhile, the condition on the trek path leading to the Samadhi Sthals causes inconvenience for many more reasons. The spot actually where the Samadhi Sthals have been constructed is possibly on the back side of the fort where many residents throw domestic and plastic waste clogging the paths. The fort is poorly maintained, also there are no proper toilets for the tourists or visitors. Anybody in such case prefers to use the tail side of the fort, where the path to the Samadhi Sthal is situated. This writer’s heart actually ached when the pathetic path was seen.
On asking about the government’s actions on this, Hardikar, who is also associated with the Maharashtra Navnirman Sena (MNS) said that there are land disputes between the forest department and the archaeological department, so the actual development of the fort except for the other religious structure has never taken place.
“Earlier these Samadhi Stals were also completely ignored. This saffron paint and sheds on the sthals have been built by a Hindu Maratha group named Shiv Pratishthan a few years ago,” he said. As informed to OpIndia, several people earlier used to come on the fort for drinking and other ill habits causing insult to the entire structure. However, after several Hindu leaders raised their voices against the perpetrators, such activities have come to an end.
No photos of Hindu Gods
Hardikar meanwhile also said that no Hindu religious items or Puja items like photographs of Goddess Lakshmi of Lord Ganpati are available on the fort. “We need pictures of Goddess Lakshmi on Diwali, Lord Ganpati during the Ganesh festival. But these pictures are not sold here on the fort. However, all the religious items required by the Muslims for their religious festivals are easily available here,” he said.
Hindus raised voices against the illegal slaughtering of animals on the fort
As per the government document obtained exclusively by OpIndia, the Hindu community has been demanding a ban on the slaughter of chickens and other animals on the fort. The demonstrators stated that no fort in the state of Maharashtra allows the slaughter of animals, so why shall it be allowed on Vishalgadh. Further, several government-level meetings happened where the protestors revealed that the remains of the slaughtered animals were thrown in the open on the fort which could cause harm to the health of the residents.
As per the demands of protestors at the District collector’s office, it is a ritual at the Malik Rehan Baba Dargah to offer slaughtered chickens and goats. The demonstrators stated that people from nearby areas like Sangli, Kolhapur and Karnataka who believe in Rehan Baba, offer slaughter to his Dargah before prayers. “It can cause harm to the residents. Hence, the slaughtering activity shall be banned or conducted far away from the residential area of the fort,” the demands made in the year 2022 read.
Also, it was discussed that slaughtering was ruining the cultural legacy of the fort and that it should be banned. Accordingly, the Archelogy State Department in February 2023 issued orders imposing a fine of more than Rs 500 on anyone who slaughters animals on the fort premises.
During the visit, no slaughter activity could be seen. However, several chicken shops at the bottom of the fort housing several hens away from the prime residential area could be spotted, where possibly slaughter of chickens is permitted.
Notably, this year, the Bombay High Court allowed the sacrifice of animals on Eid-ul-Adha (Bakrid) and Urs at a Dargah within the precincts of Vishalgad Fort. The order was passed on a petition by Hajrat Peer Malik Rehan Mira Saheb Dargah, a registered trust, challenging the communication issued by the Deputy Director of Archaeology and Museums to the District Collector of Kolhapur, imposing a ban on animal slaughter in the fort area.
The communication banned animal sacrifice stating that as per the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, there is a ban on cooking food in the protected area near the monument.
Last year, the HC had refused to allow unregulated or unmonitored slaughter of animals on the fort. The trust had been barred by the archaeology department from carrying out animal sacrifice based on a 1998 HC order that restrained offering sacrifices to deities. The HC said that maintaining hygiene and sanitation was of utmost importance though the trust claimed that slaughtering was being carried out 1.3km away from the fort.
Demographic changes happened on the fort in the recent past
Mahesh Vibhute of the Sakal Hindu Samaj who has been massively protesting against the illegal encroachment on the fort informed OpIndia that this matter is not at all communal, however, the people residing on the fort have made attempts to give it a communal colour. “Our only demand is the removal of illegal encroachment, be it by Hindus or Muslims. We are striving to protect the fort, that’s it,” Vibhute affirmed.
Meanwhile, he did not deny the fact that the Muslim population on the fort has been on the rise and that they have been illegally expanding their premises the most. OpIndia accessed some old historic documents from the year 1921. As per the population census of that year, the total population on the fort was 138 residing in 17 houses. Out of these, 70 were male and 68 were female. Moreover, the population of Hindus from those 138 was 81 and the rest 57 people belonged to the Muslim community.
As per the 1953 government record, the total number of voters staying on the fort was 33 of which 12 belonged to the Muslim community. Later according to the government record from the year 1961, the number of voters increased to 44 of which 20 belonged to the Muslim community. In 2011, the total population was 528. However, reading the 2022 government record, it was learned that the total number of voters residing on the fort had increased to 459 of which 169 belonged to the Hindu community and 290 to the Muslim community.
It is evident that the Muslim population on the fort has been increasing in the past 4-5 decades. All the old government documents proving the same are in the possession of OpIndia. Further, the documents also reveal that several persons residing on the fort had been allotted houses under the Indira Awas Yojana from the year 2004 to 2014. Several such beneficiaries and premises could be spotted on the Dargah linked road.
The beneficiaries during the earlier ruling governments were issued monetary help of Rs 50,000 to Rs 2,00,000 under the Indira Awas Yojana to build homes on the fort premises. On asking about the actual encroachment, Vibhute said that earlier there were only around 30-40 persons staying on the fort. They were allotted some land by the previous governments to build homes. “But these people, from both the community illegally expanded their premises by building sheds. Today there are thousands of people living on the fort and a total of 156 properties are illegal. We just want this encroachment to be removed,” he stated.
“To say,” he further added, “the Hindu community is also not safe up there. Most of the Hindus there have now matched to the tunes of the other community. Last year, after the COVID, one Hindu girl was abducted and converted to Islam. Later she was married to a Muslim residing on the fort. And these are not made-up stories. This all is mentioned in the police record. Temples on the fort are not maintained. It pains to see the dire condition of Samadhi Sthals of Deshpande warriors. If this continues to happen, the legacy of the fort will soon be lost,” he added.
Meanwhile, he also reiterated that the issue is not at all about Hindus or Muslims, it is about the fort and its restoration. Whoever has illegally expanded, or constructed their properties, be it Hindus or Muslims shall take it down. “We want our Vishalgadh fort restored,” he affirmed.
Conclusion
Vishalgadh which is 3500 feet above sea level is rich in greenery but is not at all well maintained causing insult to its Hindu legacy. The fort which is around 162.32 Hector area is divided between the Archaeology Department and the Forest Department. However, no encroachment is said to have happened on the land that belongs to the Forest Department.
The fort was declared a heritage site in the year 1999 after which ideally permission of the state archelogy department is needed if any repair or construction has to take place. However, it seems that several persons have illegally expanded their properties on the fort.
Further, the complication arises due to the division of area and the responsibility between the two state departments. CM Eknath Shinde however has assured that the state will take ‘correct’ action against the illegal encroachments on the fort. Recently, a state-level delegation met to discuss the issue reiterating their demands with the state. Now Chhatrapati Sambhaji Raje has planned a massive protest against the alleged illegal encroachment on the fort on the 14th of July, marking the 364th year of the battle of Pawankhind.
Apart from the alleged illegal encroachments, the state and the Hindu community people need to pay attention to the beautification of the fort and the renovation of the Hindu temples. Several temples on the fort and other Hindu structures have become vulnerable and need immediate repair. If not, they soon will become extinct like the other 20 temples that stand ignored on the fort.
The area surrounding the Dargah appears to be considerably developed in comparison to other Hindu-populated places. People visit the fort primarily for the Dargah, which features silver doors. People, especially those from the Hindu community visiting the fort need to know about the other Hindu structures there and learn about the sacrifices made by our Hindu warriors to save the life of our beloved Maratha King, Chhatrapati Shivaji Maharaj. And any alleged illegal encroachment, both by Hindus and Muslims should definitely be removed.