PREPARATION OF HERITAGE BYE LAWS FOR THE PROHIBITED …

PREPARATION OF HERITAGE BYE LAWS FOR THE PROHIBITED AND

REGULATED AREAS OF ASI PROTECTED MONUMENTS

Pataleshwar Caves

Pune

Submitted to

Archaeological Survey of India (ASI)

Prepared by

Indian National Trust for Art and Cultural Heritage

July 2012

CHAPTER 1

1.1 INTRODUCTION

The Pataleshwar Caves (referred to as Bhamburda Caves in the ASI notification) dug in the

8th century lie in one of the busiest areas of the central part of Pune city. The site abuts a busy

junction and lies in the midst of a predominantly residential and institutional area. Nearby the

site is the old Gothan of Bhamburda.

The caves, today an active place of worship, lie below the surface of the surrounding ground

(hence the name) and are fronted by a sunken court at the end of a walkway from the road.

Nothing of the caves is seen from the road or the surrounding areas except from high places

on the plots immediately abutting it. A dense canopy of trees covers the site.

1.2 OBJECTIVE

While the overall objective of the bye laws is to protect the monument and its context, a few

specific objectives of this exercise are identified as follows:

1. Protecting the geological strata of and around the monument

2. Protecting the surface water drainage of and around the monument

3. Regulating the water content of the strata of and around the monument

4. Minimising pollution related deterioration of the monument

5. Preserving the environmental context of the monument

6. Identifying permissible compatible changes in the physical environment around the

monument

1.3 METHODOLOGY

The following methodology was followed for framing the bye laws:

1. Stating the significance of the monument

2. Identifying the possible elements of deterioration of the monument and their causes

3. Surveying the area around the monument, especially the Prohibited and Restricted

zones

4. Documenting the physical ground conditions as well as the prevailing development

control rules and development plan provisions those might affect the monument

adversely.

5. Detailing the cause- effect relationship between the documented conditions above and

the deterioration of the monument

6. Framing specific bye laws to arrest the deterioration and ensure the monuments life,

quality and experience.

7. Identifying concerns with new development and framing guidelines for future

development to be taken cognizance by the local planning and regulating authority.

CHAPTER 2

2.1. Brief historical background

The Pataleshwar caves, also referred to as Bhamburda Caves in the ASI notification of 1909

were dug during the reign of Kalchuri Rashtrakuts in the 8th century CE. The cave temples of

Bokardan and Rudreshwar in Aurangabad, those in Ambejogai, Kharusa in Latur and

Bhandak in Chandrapur were also built under the same patronage between the early 8th and

the end of the 10th century CE as was the more famous Kailas at Ellora.

Pune as a town only started growing from the 17th century onwards when Chatrapati Shivaji

came to settle here with his mother Jijabai. The town thereafter became the home of the

Peshwas in the 18th century and developed into a sizeable urban centre during the reign of

Peshwa Nanasaheb alias Balaji Bajirao. Somehow, the Pataleshwar caves do not find a

mention as a major place of worship during this period. Many temples, including many

dedicated to Shiva, were built in Pune during this period. But there is hardly any mention of

Pataleshwar caves.

James Fergusson in his book Cave Temples of India published in 1880 CE mentions

Pataleshwar Caves. The other historical association with the site is that of a holyman Jangli

Maharaj (the King of the Jungle) who meditated in the forest near Bhamburda village. After

his death in 1890, his disciples built a Samadhi next to the Pataleshwar Caves.

As of today, the Samadhi of Jangli Maharaj has grown to a temple complex with a fair

amount of visitors daily. The tree cover in the area is considerable compared to the

surroundings but by no means does one get an idea that this area may once have been a

forest. The terrain too has changed a lot due to cutting of the rocky patches and extensive

building activity.

2.2. Description of Monument & the site

The cave is cut in a low rocky outcrop such

that it is an underground space. Thus, nothing

of it is seen even from within the site till one

reaches the steps that lead down to its

forecourt.

The sunken forecourt is large and contains

the monolithic Nandi Mandap carved from

live rock. The longer side of the cave fronts

the court.

The cave consists of five longitudinal bays.

Three bays of colonnades front the fourth bay

with two sanctum sanctorums. The fifth bay

serves as the circumambulatory path.

The sanctum sanctorum is an enclosed room

holding the diety. It has a single entry

marked by a pronounced and robust door

frame in stone.

The fifth bay is unfinished at its northern

end. This is also the darkest bay. Its presence

The columns are on a grid. A strip base

receives all columns in the longitudinal

is important for the sanctum sanctorums to

stand as detached rooms inside the cave.

direction thereby emphasising the length of

the interior space.

The interiors receive filtered light from its

long front. The front three aisles are well lit

with natural light.

The chief deity of the temple is Shiva and is

actively worshipped. There is a continuous

trickle of devotes throughout the day.

The Pune region sits on the plateau immediately abutting the Western Ghats. The ridge of the

Western Ghats here is not very steep. Hence, many trade routes passed through this area

linking ports in the Kokan region to trade centres on the Deccan plateau. Trade routes were

often associated with Buddhist rock cut sites and this region is dotted with them. The well-

known sites of Karla and Bhaja are at a distance of not more than 50 km from the current

Pune city where the Pataleshwar caves are located.

Pataleshwar is an example of Hindu rock cut temple. It is 30.5 m wide x 48.8 m deep out of

which a 30.5m x 30.5 m portion forms an open to sky court. The plan is organised as five

horizontal tiers of long aisles. The first aisle fronts the open court and is divided into 9 bays

while the fourth aisle contains three sanctum sanctorums. The cave temple is devoid of any

sculptural adornment. Traces of panels depicting scenes from Shaiva and Vaishnav

mythology are seen. A unique feature is the free standing circular Nandi Mandap in the court

supported on 12 columns. The work seems incomplete since there are incomplete portions

left at the rear and sides of the cave.

The cave faces the East as was the convention for a Hindu temple. At the time it was made,

the land must have gradually sloped from the caves to the two rivers which are nearby.

Today, this context has become obscure due to the extensive development that has happened

around the site.

The value of the cave is in its antiquity, as a link in the progressive development of Hindu

cave temples and its unique Nandi Mandap. It is also rare that a cave temple is carved in such

a low lying rock outcrop so that it may be classified as an underground temple.

The only access to the site is through the busy Jangali Maharaj Road. The site has a high

compound wall with two small gates. The gates open on a narrow footpath that is usually

flanked by dense parking. A bus stop also abuts the compound wall. Traffic flows at a

distance of a few paces of the gate. Since the cave is below ground and the road side edge of

the site is crowded with parking, the site is hardly noticeable from the road. There are many

passer-bys who are unaware of this site.

2.3. Notification Details and drgs

No 1230- In exercise of the powers conferred by sub-section (1) of section 3 of the

Ancient Monuments Preservation Act, 1904 (VII of 1904), the Governor in Council is

pleased to declare the following ancient monuments in the Poona District to be

protected monuments within the meaning of the said Act:-

Serial No. Place where the monument is

situated

Name or

description of

the monument

Class of

monument or

other remarks

Taluka Town or village

11 Haveli Poona The Cave

Temple of

Bhamburda

II (a)

2.4. Significances

Architectural Significance:

Cave temples in this region are usually carved on natural or manmade scarps of hills.

Pataleshwar though is carved in a rocky outcrop on land that does not rise even a few meters

above its surroundings. It is a rare example of a cave temple carved in such a low lying rock

outcrop that it may be classified as an underground temple. It is an improvisation on the plan

of a cave temple since it achieves its large size with a larger width than depth thereby

improving the light penetration inside.

Historical Significance:

It belongs to the 8th century CE and is contemporary with a lot of other significant caves in

Maharashtra including Ellora. It is associated with the Kalchuri Rashtrakuts who were the

most powerful rulers in this region at that time. The caves are much older than the city of

Pune and its other historical monuments.

Archaeological Significance:

This 8th century CE cave temple was carved out during the reign of the Rashtrakuts in this

region. It is carved unusually, below the ground surface and hence its name Pataleshwar. The

cave shows traces of sculpted panels depicting mythological scenes but all of these are badly

weathered. The original context of the cave temple is also lost due to extensive urban

development surrounding it, thus leaving it to conjecture.

Cultural Significance:

The site is an active place of worship. Special occasions related to Shiva, who is the principal

deity herein are celebrated in the premises. Especially grand is the celebration of Tripuri

Poornima when the entire campus is lit up with thousands of oil/ wax lamps.

Geographical Significance:

The temple is carved in a rocky outcrop of local basalt rock. The location is near the

confluence of two rivers viz Mula and Mutha towards which the land slopes gently from the

site. The site was originally a part of a forest but the original context has long been lost.

Technological Significance:

It is a large cave carved out by hand tools using manual labour. The free standing Mandap

carved out of monolithic rock in the front court is a significant feat and predates the

freestanding structures carved at Ellora.

2.5. Vision statement

Protection of the site from all kinds of deterioration and re-establishing some semblance of its

original context despite its location in today’s urban centre.

CHAPTER 3

Present day situation analysis

3.1. Assessment of (1) historic, (2) archaeological, (3) Architectural and (any other)

context of the monument / site

Historic

The Pataleshwar caves, also referred to as Bhamburda Caves in the ASI notification of 1909

were dug during the reign of Kalchuri Rashtrakuts in the 8th century CE. The other historical

association with the site is that of a holyman Jangli Maharaj (the King of the Jungle) who

meditated in the forest near Bhamburda village. After his death in 1890, his disciples built a

smadhi next to the Pataleshwar Caves.

As of today, the Samadhi of Jangli Maharaj has grown to a temple complex with a fair

amount of visitors daily. The tree cover in the area is considerable compared to the

surroundings but by no means does one get an idea that this area may once have been a

forest. The terrain too has changed a lot due to cutting of the rocky patches.

Archaeological

This 8th century CE cave temple was carved out during the reign of the Rashtrakuts in this

region. It is carved unusually, below the ground surface and hence its name Pataleshwar. The

cave shows traces of sculpted panels depicting mythological scenes but all of these are badly

weathered. The original context of the cave temple is also lost due to extensive urban

development surrounding it, thus leaving it to conjecture.

Architectural

The cave is valuable for its antiquity, as a link in the progressive development of Hindu cave

temples and its unique Nandi Mandap. It is also rare that a cave temple is carved in such a

low lying rock outcrop so that it may be classified as an underground temple. Being a rock

cut edifice, the threat is any problem to the rock strata, to the drainage pattern, weathering of

the live rock and any irreversible intervention in the site. No other architectural structure or

remain from this era exist nearby the cave. Even the natural context of the cave is lost.

3.2. Delineation of Prohibited and Regulated area around the Notified area and brief

description of the surrounding:

Diliniation of the Prohibited and Regulated areas.

The Prohibited Area within the distance of 100m from the edge of the site and the Restricted

Area at a further distance of 200 m from the Prohibited Area is marked on the following

figure.

The Northern edge of the site abuts public buildings- viz the Shivajinagar Post Office and the

Shivajinagar Telephone Exchange. The rest of the Northern edge along with the entire

Western edge is defined by compound walls of neighbouring residential plots. The area is

planned and plot sizes are large. Originally, it was planned for individual houses but most

have them have now been converted to walk-up apartment blocks. The Southern edge is fully

shared with the large plot of the Jangli Maharaj Samadhi. A modest structure sits on this plot

leaving majority of the land as open space shaded by tall canopy trees. The 30m wide Jangli

Maharaj Road defines the Eastern edge of the site. This is one of the busiest roads in the city

and is dotted by off-street parking bays and commercial establishments.

The Nothern side of the Prohibited Area comprises of residential walk up apartments and a

portion of the plot having the hostels of the College of Engineering, Pune. The Western and

the Southern portion of the Prohibited Area too comprises of residential walk ups in addition

to the temple of Jangli Maharaj. The Eastern portion of the prohibited area contains mixed-

use buildings of less than 16m height except one that is @20m.

The Restricted Area on the Northern side covers the hostel plots of the College of

Engineering, Pune where construction of a high-rise (@36m) hostel block is nearing

completion. The North-Eastern part of the Restricted Area has a large campus of the office of

the Meteorological Survey of India, their main building being a listed Grade I heritage

structure of the Pune Municipal Corporation. The Western and South- Western portion of the

Restricted Area comprises of a few walk-up apartments. A major portion of this area belongs

to the Police Department with a few residential and office buildings and open air stores,

vehicle yards, etc. All structures in this plot are low rise and hardly visible from anywhere

outside. The Southern portion of the Restricted Area covers the plot of the Modern High

School which is a large 4 storeyed stone building along with some new 4 storeyed buildings

added along the periphery. The Southern and the South-Eastern portions of the Restricted

Area cover a large part of the Bhamburda Gaothan characterised by dense buildings of not

more than 4 storey in height but with shared walls and abutting winding and narrow roads.

The area is predominantly residential with small ground floor shops mostly for daily

convenience and supporting the activities on the Jangli Maharaj Road. The Eastern portion of

the Restricted Area covers the edge of the Bhamburda village that has developed into

commercial buildings, though still less than 3-4 storey. It also covers the institutional campus

of the Shri Shivaji Preparatory Military School and a small portion of the District Court

campus. The North-Eastern portion is the building 3 storey building of the Institute of

Engineers and beyond that is the cricket ground of the College of Engineering, Pune.

Three major roads pass through the Restricted and Prohibited Areas viz the Jangli Maharaj

Road, the Shivaji Road and the median of the Ganeshkhind Road. All are major arteries of

the city. The Jangli Maharaj and the Shivaji Road cross each other in the Prohibited area

while the others cross each other in the Restricted Area. There have been proposals to run

Metro/ Monorail lines on these roads and flyovers/ underpasses are being built and planned

too.

Prohibited Area:

The immediate neighbour on the South of the

site is the temple of Jangali Maharaj. This

vernacular temple also sits on a rocky

outcrop that is a few meters higher than the

one in which the Pataleshwar caves are dug.

Immediately outside the premises on the East

is the Jangali Maharaj road, one of the busy

arteries of the city.

The Prohibited area of the Jangali Maharaj

road has mixed use buildings not more than

16m in height.

The Shivajinagar post office is one of the

immediate neighbours of the cave.

The Shivaji road on the North is a busy artery

and falls in the Prohibited area.

The North and the West boundary of the site

is shared by residential plots.

Most of the buildings in the northern and

Western residential area are private

bungalows. A few have been converted to

walk-up apartment buildings.

The Southern edge of the Prohibited area is

marked by a small road leading to the

residential area on the site’s west. Various

kiosks have sprung up on this road.

Restricted Area:

Commercial development on the Northern

boundary of the Restricted area.

College of Engineering Grounds

Shree Shivaji Preparatory Military School on

the Eastern edge of the Restricted area.

The Bhamburda Gaothan forms the major

portion of the southern edge.

The Jangali Maharaj Road passing through

both, the Prohibited and Restricted areas.

The WIE sports complex near the Modern

highschool compound on the south-western

edge.

3.3. Assessment of physical and visual environmental quality of the surrounding

3.3.1. Landuse

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

Landuse The site falls in a planned area of the city

and therefore has defined and regulated

landuse and planned infrastructure. The

area in the immediate vicinity of the site is

residential. Earlier, it was occupied by G+1

storey private houses most of which have

given way to 3 to 5 storey apartment

blocks. The Jangli Maharaj road being a

busy road has steadily shown an increase

in commercial development, especially

offices, showrooms and eateries. Some

plots in the restricted zone are earmarked

for commercial development. A majority

of the area in the restricted zone is

institutional but in the recent years, two of

these institutions have shown a spur in

Positive Impact:

Since the area is planned and

landuse is designated in the

development plan, there is little

chance of unplanned growth and

encroachment.

Being a predominantly institutional

area, the density of resident

population is low. Also,

commercial activity is restricted as

also is pollution. Institutional areas

as of today also offer a large

portion of un-built open area that

can be potentially green.

Negative Impact:

Prohibited Area:

Conversion of institutional/ public- semipublic or

green areas to residential or commercial not

permitted. Conversion of residential to commercial

landuse not permitted.

Residential Area to remain completely residential

without exception. Mixed use development to be

restricted to Jangli Maharaj road. Mixed use to

consist of 75 % Residential Use and 25 %

Commercial Use.

Restriction on introduction of new landuse that

may be harmful to the monument.

FSI, height and footprint restrictions to ensure

volume and mass distribution of the built

Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

17

building activity, the most recent being the

10+ storey hostel building of the College

of Engineering in the restricted zone. The

Bhamburda Gaothan classified as

congested area and with a different set of

building bye laws also falls within the

restricted zone. Historically, this has been

a low rise area but recent buildings have

risen to 5 storeys.

Parking is a major problem in the area.

Virtually all streets have off street parking

that is almost full at all times. The traffic

has increased so much that major roads

have been designated as one ways. There is

a lot of traffic generated noise and smoke.

Being a planned area for most part, the

water and drainage lines are laid

underground and supply each plot of land.

With the increase in the occupancy of the

The commercial landuse proposed

along the main roads generates a lot

of parking requirement, most of

which is accommodated along the

road side.

Residential plots in the planned

area are large and profitable for real

estate development in the form of

apartment buildings or hotels. This

will increase the population

density, traffic and supporting

component of commercial activity.

Institutions will grow and build up

their open areas. These could take

the form of undesirable high rise

developments like the one

happening in the compound of

engineering college hostels.

environment.

Control on TDR usage in the area.

Service ducts and pipelines to follow restrictions on

excavation.

Control on solid waste storage and collection

centres in Prohibited Area.

No road/ rail building activity that violates

excavation norms stated above.

Any transport plan that will in effect increase the

traffic load on the roads in the Prohibited Area is

not allowed.

No road widening in the Prohibited Area.

Restriction on introduction of any mass rapid

transit system that requires construction above or

below ground in the prohibited area except relaying

of road surface.


18

area, the old service lines will soon be

needed to be replaced with larger ones. The EWS reservation on the South-

West part of the restricted area is a

potential land for large scale high

FSI residential or mixed use

development.

Road projects like flyovers though

not a part of the current DP may be

proposed especially at the major

crossroads in the prohibited and

restricted zones. An underpass has

recently been constructed just at the

edge of the restricted zone on

Ganeshkhind road.

A metro project is also being

discussed for the city and though

the DPR is not published yet, the

newspaper announcements

mentioned Jangli Maharaj road as

one of the routes for the overhead


19

metro. This will pass through both,

the prohibited and restricted zones.

A metro will be a threat not only in

the construction phase due to the

large scale excavation needed in the

prohibited zone which will disturb

the strata, but also in the operation

phase due to the vibrations it will

create in the ground. Other than

that, it will be a visual mismatch for

a site whose context ideally should

be restored to some extent.


20

Residential Open Space Education Govt/ P-S Commercial Gaothan EWS

Landuse Map of Pataleshwar Surroundings


21

The Jangali Maharaj road has a mixed use development. Most

residences though have been converted to offices.

One side of the Shivaji road abuts the hostels of the COEP while the

other abuts the office of the meteorological department.


22

Commercial building on the junction of Ganeshkhind road and Jangali

Maharaj road. This plot is marked for commercial development in the

development plan.

Institutional buildings of the SSPMS.


23

Bhamburda Gaothan is predominantly residential but main roads have

small shops on the ground floor.

Restaurants and eateries dominate the ground floors of most buildings

on the Jangali Maharaj road.

3.3.2. Community Profile -



24

Community

Profile

The site is an active temple. There is a

continuous trickle of devotees coming to

this site. Special occasions related to

Shiva, who is the principal deity are

celebrated here in the premises. Especially

grand is the celebration of Tripuri

Poornima when the entire campus is lit up

with thousands of oil/ wax lamps. The site

due to its dense green canopy and lesser

noise levels as compared to the

surroundings is a favourite resting, sitting

spot for visitors and residents in the

vicinity.

The surrounding areas are institutional.

The cricket ground nearby belonging to the

College of Engineering, Pune is sometimes

given out for exhibitions and fairs. The

college has built a ten storey high hostel

building in one of its plots. The Modern

Positive Impact:

The relevance of the site to the

community is intact. There is

vigilance from the community

against misuse and vandalism.

The neighbouring temple of Jangali

Maharaj shares some visitors with

Pataleshwar thereby increasing

visitorship.

The resident community and the

users of the institutional campuses

around are largely educated and

informed. It could be expected that

there would be a very remote

possibility for unlawful activity es

from this community.

Negative Impact:

Prohibited Area:

No construction or installation- temporary or

permanent- that involves excavation is allowed.

Any form of celebration/ event that generates noise

beyond 40 decibels is not allowed.

No tolerance zone for illegal hawkers.

Restricted Area:

Temporary installations may be permitted provided

they do not require excavation below 1m

Any form of celebration/ event that generates noise

beyond 40 decibels is not allowed.

No tolerance zone for illegal hawkers.


25

Highschool is an old institution in the city

where hundreds of children study. The

Badminton sports complex on its premises

is the venue for many state and national

level badminton tournaments. The Jangali

Maharaj Road is a busy thoroughfare of

the city and is especially populated by a lot

of big and small eateries. There is also a

petrol pump opposite the site on this this

road. Comparatively, the Meteorological

Office campus is quiet and one with very

little public activity.

The people coming to surrounding

area park their vehicles in front of

the site leaving no space for visitor

parking nor proper pedestrian entry

to the site.

Informal vendors sometimes

occupy footpath space.

Over enthusiastic devotees may be

sometimes dangerous.


26

The cave without the newly erected compound

wall was more accessible.

The premises are a favourite resting place of

people in the busy area.

Celebrations at Pataleshwar.

3.3.3. Circulation System


Circulation The site is at the busy junction of two

major arteries of the city. Due to heavy

traffic, both these arteries have one way

traffic. The restricted zone also has two

Positive impact:

Being along a busy road, the site is

very accessible.

Prohibited and Restricted Area:

No widening of the roads passing through the

prohibited area at least till one junction beyond it

from where traffic of the remaining portion of the


27

other major junctions- one of the Jangali

Maharaj Road with the Ganeshkhind road

and one of the Shivaji road with the

Ganeshkhind road. The junction of the

Jangali Maharaj road with the

Ganeshkhind road has an underpass for

vehicles. A number of flyovers have been

built on the Ganeshkhind road and one

may be proposed on its junction with the

Shivaji road in the future. There is also a

possibility of proposing a flyover on the

junction inside the prohibited area.

A metro proposal mentions Jangali

Maharaj Road as its route. This may pass

through both, the prohibited and the

restricted area.

Pedestrian facilities in the area are very

meagre and poor. There is hardly any

footpath outside the site. Parking has

Negative Impact:

Roads need constant widening and

after that may need two tiers to

accommodate growing traffic. They

thus become generators of noise,

smoke and vibration which is

harmful to the site.

Road widening proposals will eat

into the site.

Flyovers or metros will generate

noise as well as their construction

would entail large scale excavation

and disturbance to the strata

thereby threatening the cave.

Pedestrian access to the site has

become difficult and unsafe.

Lack of parking facilities

widened road may be diverted.

Footpaths to be at least 2.4m wide on both sides of

major roads and 1.5 m wide on all minor roads.

Underground or overhead metro/ monorail/ skybus

or any other modes of transport that entails

construction other than surface roads is not allowed

in the prohibited and the restricted areas. No

flyover allowed in the prohibited area.

A no parking zone of 10m on either side of the

entrance to the site. Surface parking space

exclusively reserved for visitors of the site to be

created near the site in the prohibited area and a

safe pedestrian link between the parking and the

site to be provided.

All development permissions for new buildings to

ensure adequate parking in their own premises.


28

overtaken almost all the roadside space.

The entry to the site is non-descript. It has

a double layer of street parking

surrounding it leaving very little

foreground to the gate. There is no sinage

except the mandatory ASI notices to

announce the site.

discourages visitors.


29

The Jangali Maharaj road, now designated a one-way. The entry to the site is non-descript and often obscured by parked

vehicles.

A major junction of the Jangali Maharaj and Shivaji road the

Prohibited area.

Ganeshkhind road is another major artery on the northern edge of

the Restricted area.

3.3.4. Open spaces and Natural features



30

Open Spaces

and Natural

Features

The temple is carved out of a rocky

outcrop. The stone is black basalt. The

outcrop rises towards the South and slopes

towards the North so that the Jangli

Maharaj temple on the adjacent plot is a

few meters above the Pataleshwar temple.

Similar rocky outcrops are seen as traces in

the immediate vicinity of this site. Though

their connection and continuity has been

permanently destroyed due to development

activity.

The area demonstrates good vegetation

cover. Large shade giving trees dot not

only the site but a large part of the area.

The river is half a km away from the site.

The site is surrounded by institutional

campuses with large open spaces. These

open spaces are of different sizes, use and

character ranging from sports grounds to

Positive impact:

A considerable green cover exists

in the area with the possibility of

adding more wherever appropriate.

Negative Impact:

The natural setting of the cave is

nearly lost or obscured.

Construction activity disturbs the

strata and the water table as also the

surface water drains.

Open grounds of institutions are

sometimes used for public events

causing surge in traffic and related

pollution.

Prohibited and Restricted Area:

No excavation below 4.5 m in Prohibited Area and

7.5 m in Restricted Area

Excavation to be carried out only by traditional

hand tools. No blasting or machine breaking

technique to be used.

Earth work that:

1. Changes the natural ground level by more

than 1m

2. Alters the natural slope of the land

3. Alters the water drainage pattern of the area

4. Alters the water table of the area

5. Alters the composition of the natural strata

Is not allowed in the prohibited area.

No altering of the hard rock strata for any purpose

including landscaping or road making is permitted.


31

unused plot areas. The residential plots on

the West of the site also have a footprint of

max 50% of plot area and good green

cover.

No artificial recharging of the aquifer is permitted.

The rock in which the cave is dug continues beyond the compound wall

of the site.

The adjacent rock on which the temple of Jangali Maharaj sits is a few

meters higher than the Pataleshwar temple.


32

The site is covered with a canopy of old evergreen trees. The

surrounding residential area also has a considerable green cover.

Then land around the caves is rocky. Rocky outcrops can be seen in parts

of the Prohibited area.


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Contour map showing the site in the larger context of the hills and the two rivers.


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3.3.5. Infrastructure


Infrastructure Parking is a major problem in the area.

Virtually all streets have off street parking

that is almost full at all times. The traffic

has increased so much that major roads

have been designated as one ways. There is

a lot of traffic generated noise and smoke.

Being a planned area for most part, the

water and drainage lines are laid

underground and supply each plot of land.

With the increase in the occupancy of the

area, the old service lines will soon be

needed to be replaced with larger ones.

Positive Impact:

Since it is a planned area, all

service lines are planned and laid

underground.

Services are adequate for the

current occupancy.

Service lines are maintained and

any break or leak or spill is

attended to.

Negative Impact:

With the development area, more

services will be needed and that

would entail excavation for laying

down service lines.

Service ducts and pipelines to follow restrictions on

excavation.

No solid waste storage and collection centres

permitted in Prohibited Area.

No road/ rail building activity that violates

excavation norms stated above.

Any transport plan that will in effect increase the

traffic load on the roads in the Prohibited Area is

not allowed.

No road widening in the Prohibited Area.

Parking facilities for occupants and visitors inside

the premises of all buildings to be made

compulsory.

No overhead cables of any kind permitted.


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Parking requirement is increasing

day by day and road sides are filled

with parking. Parking facilities

inside building premises are highly

inadequate.

3.3.6. Architecture


Architecture Development Plan shows the site as

classified into a ‘Green’ landuse. The areas

around the site shows plotted residential

development in the immediate vicinity.

Major area around the site is institutional.

A part of the Bhamburda Gaothan falls

within the restricted area. FAR permissible

in the area is 1 while that in the Gaothan is

Prohibited Area:

Landuse to remain strictly residential, institutional

(semi- public) or green and not to be converted to

any other landuse. FAR not be increased beyond

the existing 1 even in the Gaothan area. Ground

coverage restrictions to remain as per current

development plan while height to be restricted to


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1.5. Ground coverage is 50% while that in

the Gaothan is 66%. Permissible max

heights are 30 m and 24 m in the other area

and the Gaothan area respectively.

For description of the surrounding

buildings, refer to 3.2 above.

12m.

No road widening is allowed. Flyover/ grade

separator elevated metro track/ monorail track, etc.

not to be allowed in the prohibited area.


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Construction work in progress as per the PMC’s DC rules in the

Restricted area. Highrises like this are questionable keeping in view the

visual environment, excavation required and traffic generated by them.

Another one of the new buildings opposite the site in the Prohibited area.

Permissions to these buildings are a mystery to the general citizen who is

aware of the Prohibited and Restricted zones.

3.3.7. Visual analysis


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Visual

Analysis

The site is a rock cut cave sculpted in an

outcrop of basaltic rock that very slightly

rises above the surrounding ground. The

cave is made such that the rock is cut into a

huge pit and then the cave is dug within

the remaining rock from that sunken level.

Thus from the surrounding ground, one

does not notice any trace of a man made

structure. The appearance from the road is

that of a rocky outcrop with a large canopy

of trees. The sunken level is seen from the

higher ground of the adjacent Jangali

Maharaj temple which also is characterised

by thick and green vegetation and un-built

grounds. The views form the site are those

of the residential buildings on its periphery

that are at a higher level than the site and

that of the Jangali Maharaj road on one

Prohibited Area:

The buildings built on plots sharing a boundary

with the site thereby affecting the visual experience

of the site to leave a setback of 6m from the site

boundary and a height of not more than 9m.

The building heights in the prohibited area not to

go beyond 16m.

The buildings masses need to be such that they do

not overpower the view of the cave temple from its

approach road. The elevations and materials also

need to be used in a way that they do not take away

from the visual experience of the site.

The building design needs to be approved by the

ASI for its massing, material and finishes and for

its compliance with the other restrictions.


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side. The immediate vicinity is visually

quite contrasting with the site. The Jangali

Maharaj road has commercial and mixed

use buildings that range visually from non-

descript modern to jarring glass façade

boxes.

Restricted Area:

The visual contours of the surrounding area need to

be preserved.

Buildings not to exceed a height of 21m in the

Restricted Area inclusive of all building elements.


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The site is hardly recognisable from the main road since it is an

underground structure. It is further obscured due to parking, hoardings

and general disorganised road edge.

The entry to the site does not have any spill-over space on the footpath.

In fact, most of the times, the footpath is encroached by vehicular

parking. There is no signage to announce the site.


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The cave being below the surrounding ground level is not visible even

from inside the site till from a few meters of the steps that lead the visitor

down.

The surrounding buildings as seen from near the entry to the site.


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From the sunken court of the temple, the compound wall of the adjacent

Jangali Maharaj temple is seen on the southern side.

On the northern edge of the site are G+1 bungalows. These are not very

conspicuous from the sunken court.


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The tree cover conceals the unsightly views around the site to a great

extent.

The buildings on the adjacent plots mar the ambience of the cave temple.


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Immediately outside the site are new buildings disparate with each other

as well as the context of the place.

A petrol pump and rear side of the bus stop as seen from the site.

3.3.8. Administration – Roles and responsibilities of different local authorities, departments, NGOs etc.

CHAPTER 4

4.1. Rationale for redefining the regulated areas

The 100m and 300 m circles intersect most plot or road lines such that only parts of these fall in

the prohibited or regulated zone. This creates confusion of what and whether the stated

regulations apply to them. To avoid this confusion, it is proposed to revise the marker lines such

that they include the entire plot that they cross. The inclusion happens such that all the plots that

are partly in the prohibited zone and partly in the restricted zone get fully included in the

prohibited zone. The plots that are partly in the restricted zone and partly in the area beyond that

get fully included in the restricted zone.

The restricted area of Pataleshwar also includes a portion of an urban village or ‘Gaothan’. It is

proposed that for the sake of uniform application of the regulations, the entire ‘Gaothan’ of

Bhamburda/ Shivajinagar be brought under the restricted area.

The northern edge of the restricted area passes through the middle of the Ganeshkhind road. It is

proposed that the full width of this road from its junction with the Jangali Maharaj Road to its

junction with the Shivaji Road be brought under the restricted area.

4.2. Sub zoning of prohibited and regulated areas.

The Bhamburda (Shivajinagar) Gaothan due to its vernacular fabric and character and as a

historical settlement is considered as a subzone only for implementing Principles of Development

for subjects in addition to those covered in the byelaws made for the Prohibited and Restricted

Areas and stated in the Chapter 5 of this document.

4.3. Drafting of Heritage bye laws

Note: These regulations only cover those aspects of development that are connected with the

ASI site. All other regulations remain same as applicable according to the Pune Municipal

Corporation’s Development Control Rules. In case of conflict between the two, the Heritage

Regulations will prevail.

All development works, proposed constructions and building design needs to be approved

by the ASI for their massing, building processes and technology and material and finishes

and for its compliance with the other restrictions.

Landuse (Zoning):


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Prohibited and Regulated Areas:

1. Only residential, public/ semi-public (educational, cultural, playground, garden or open

space) or green belt zoning is permitted. All other zoning including zoning for industrial

(including brick kiln), public/ semi-public (including traffic and transportation, shopping),

commercial, water body, agriculture, and others (including drainage treatment, octroi,

aerodrome) are not permitted.

2. Any other zones existing in the Prohibited and Regulated Area should be converted to

permitted zoning listed in (1) above.

3. Conversion of existing public- semi-public or green zones to residential not permitted.

4. No change in residential zoning is permitted. Mixed use development is to be restricted

only to plots abutting Jangli Maharaj road and fully contained in the Bhamburda

(Shivajinagar) gaothan as demarcated by the Pune Municipal Corporation. Mixed use

should consist of 75 % Residential Use and 25 % Commercial Use in terms of built area

usage. Permitted commercial uses in residential buildings are to be referred from the bye

laws of the Pune Municipal Corporation.

5. The maximum tenement density of the area should not exceed 120 tenements per hectare

while that of the Bhamburda (Shivajinagar) gaothan it could be relaxed to 250 tenements

per hectare.

6. No subdivision of land is allowed in the Prohibited and Regulated Areas.

Building Control:

Prohibited Area:

For Projects mentioned in the Ancient Monuments and Archaeological Sites and Remains

(Framing of heritage bye-laws and other functions of the competent authority) Rules, 2011 in rule

6 (category I):

1. Maximum Permissible FSI is 1

2. Height restriction inclusive of all building elements is 9 m from natural ground of the plot.

For plots abutting the Protected Area, height restriction is 6 m from the natural ground of

the plot.

3. Ground Coverage is 50% maximum.

4. No TDR is to be used in this area.

5. All new buildings to have adequate parking in their own premises as per PMC norms.


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6. No excavation over 1.5 m permitted for building foundations or any other purpose. In no

case should excavation in hard rock go more than 0.9 m in depth. Excavation is to be only

done with non-vibrating hand tools. No use of blasting of any kind is permitted for

excavation. No excavation of any kind to be done in a 6 m wide area abutting the

boundary of the protected site and especially where the rock contiguous with the caves is

found.

7. The buildings built on plots sharing a boundary with the site to leave a setback of 6m from

the site boundary and a height not more than 9 m.

For Repair and Renovation Projects mentioned in the Ancient Monuments and Archaeological

Sites and Remains (Framing of heritage bye-laws and other functions of the competent authority)

Rules, 2011 in rule 6 (category VI):

1. Recurring repairs and maintenance items like colouring, polishing, surface cleaning,

surface water-proofing, plumbing and drainage on the consumer side of the municipal

connection, electric cabling on the consumer side from the electric meter, cleaning and

replacing of roof tiles, window panes, surface cladding with the same material, and repairs

to window/ door/ balcony grills may be carried out with a one- time permission without

changing the specifications mentioned in the one-time permission.

2. Repairs and renovation items excluding structural repairs are permissible if:

a. They do not increase the footprint or height of the building.

b. They do not increase the number of usable storeys of the building including

terraces

c. They do not alter the ground levels nor disturb natural surface water drains.

d. They do not cause structural damage to the building.

e. They do not change the residential use of the building by altering its essential parts

to function as one.

3. Structural repairs and renovation is permissible if:

a. They do not increase the footprint or height of the building.

b. They do not increase the number of usable storeys of the building including

terraces.

c. They do not alter the ground levels nor disturb natural surface water drains.

d. They do not put the building at risk of part or complete collapse.


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e. They do not entail any excavation below the permissible limits in the prohibited

area as stated below:

i) No excavation to go more than 1.5 m in depth from the natural

surface of the surrounding ground.

ii) In no case should excavation in hard rock go more than 0.9 m in

depth.

iii) Excavation is to be only done with non-vibrating hand tools. No

use of blasting of any kind is permitted for excavation.

iv) No excavation of any kind to be done in a 6 m wide area abutting

the boundary of the protected site and especially where the rock

is contiguous with the caves.

f. They do not change the residential use of the building by altering its essential parts

to function as one.

4. If any building within the Prohibited area is designated as a Heritage building by any

Government department including the Municipal Corporation, a concession may be given

in the above provisions only for items that will help protect the heritage value of the

building and increase its life.

Regulated Area:



6 (category V and VII):

1. Maximum Permissible FSI is 1

2. Height restriction inclusive of all building elements is 16 m from natural ground of the

plot.

3. Ground Coverage is 50% maximum.

4. No TDR is to be used in this area.

5. All new buildings to have adequate parking in their own premises as per PMC norms.

6. No excavation over 4.5 m depth is permitted for any purpose including foundations and

basements. Excavation is to be only done with non-vibrating hand tools. No use of

blasting of any kind is permitted for excavation.

Infrastructure:


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Prohibited and Restricted Areas:



6 (category II):

1. No habitable superstructure is permitted.

2. Height restriction inclusive of all building elements as well as other movable and

immovable components is 9 m.

3. Ground coverage is 25% maximum including underground and above ground

construction.

4. No TDR that may be generated from any projects in the prohibited and restricted area

can be used in these areas. No other TDR too can be used in both the prohibited and

restricted areas.

5. No excavation to go more than 1.5 m in depth from the natural surface of the

surrounding ground. In no case should excavation in hard rock go more than 0.9 m in

depth. Excavation is to be only done with non-vibrating hand tools. No use of blasting

of any kind is permitted for excavation. No excavation of any kind to be done in a 6 m

wide area abutting the boundary of the protected site and especially where the rock

contiguous with the caves is found.

6. No solid waste storage and collection centres are allowed in Prohibited Area.

7. No widening of the roads passing through the prohibited and restricted areas at least

till one junction beyond it

8. Footpaths to be at least 2.4m wide on both sides of major roads width more than 12 m

and 1.5 m wide on all minor roads (up to 12 m including 12 m).

9. No road/ rail building activity that violates excavation norms stated above in (5). No

overhead road/ rail or any other means of transport permitted in the Prohibited Area.

10. No overhead cables of any kind permitted.

Other Regulations:

Other regulations as per The Second Schedule of the Ancient Monuments and Archaeological

Sites and Remains (Framing of heritage bye-laws and other functions of the competent authority)

Rules, 2011:


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Prohibited Area:

1. Construction or installation of any temporary nature but which involves excavation below

0.6 m below existing ground surface or to any depth in the rock strata is not allowed.

2. Any form of activity that generates noise more than 70-80 dB inside the Protected Area or

more than 40-50 dB inside the actual monument is not allowed.

3. Underground or overhead metro/ monorail/ skybus, flyovers or any other modes of

transport that entails construction other than surface roads is not allowed in the prohibited

area. No grade separator entailing excavation in hard rock is allowed in the prohibited

area. No mode of transport that sets in vibrations or emits smoke or noise above accepted

levels of pollution that may affect the rock strata of the cave is permitted.

4. A no parking zone of 10m on either side of the entrance to the site. Surface parking space

exclusively reserved for visitors of the site to be created near the site in the prohibited area

and a safe pedestrian link between the parking and the site to be provided.

5. Land adequate for setting up tourist facilities and a site office needs to be legally acquired

in the Prohibited Area and the facilities built.

6. All excavation to be carried out only by traditional hand tools. No blasting or machine

breaking technique to be used.

7. No permission for earth work that:

1. Changes the natural ground level by more than 1m

2. Alters the natural slope of the land

3. Alters the water drainage pattern of the area

4. Alters the water table of the area

5. Alters the composition of the natural strata

8. No altering of the hard rock strata for any purpose including landscaping or road making is

permitted.

9. No artificial recharging of the aquifer is permitted.

10. Any transport plan that will in effect increase the traffic load on the roads in the Prohibited

Area is not allowed.

11. The buildings masses need to be such that they do not overpower the view of the cave

temple from its approach road. The elevations and materials also need to be used in a way

that they do not take away from the visual experience of the site.


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12. No sky signs, neon signs or hoardings of any kind including traffic directing overhead

signboards to be permitted. Only signboards on buildings such as not to mar the building’s

elevation are permitted for activities carried out in that particular building.

13. No permanent floodlighting or high-mast lighting is permitted except for that which is

used to light road junctions.

14. No tolerance zone for hawking.

Regulated Area:

1. Temporary installations may be permitted provided they do not require excavation more

than 1m below existing ground level.

2. Any form of celebration/ event/ activity that increases noise beyond 70- 80 dB in the

Protected Area and 40-50 dB inside the actual monument is not allowed.

3. Underground or overhead metro/ monorail/ skybus, flyovers, grade separators or any other

modes of transport that entails excavation in the hard strata is not allowed in the Restricted

Area. No mode of transport that sets in vibrations or emits smoke or noise above accepted

levels of pollution that may affect the rock strata of the cave is permitted.

4. All excavation to be carried out only by traditional hand tools. No blasting or machine

breaking technique to be used.

5. No permission for earth work that:

1) Changes the natural ground level by more than 1m

2) Alters the natural slope of the land

3) Alters the water drainage pattern of the area

4) Alters the water table of the area

5) Alters the composition of the natural strata

6. No altering of the hard rock strata for any purpose including landscaping or road making is

permitted.

7. No artificial recharging of the aquifer is permitted.

8. The buildings masses need to be such that they do not overpower the view of the cave

temple from its approach road. The elevations and materials also need to be used in a way

that they do not take away from the visual experience of the site.

9. No sky signs, neon signs or hoardings of any kind including traffic directing overhead

signboards to be permitted. Only signboards on buildings such as not to mar the building’s

elevation are permitted for activities carried out in that particular building.


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CHAPTER 5 – Guidelines and Recommendations

Guidelines for all works in the Bhamburda (Shivajinagar) Gaothan area (entire area as

marked in the Pune Municipal Corporation’s Development Plan).

The following Principles are formulated for all works to be carried out in the Bhamburda

(Shivajinagar) Gaothan area. These are not wishful ideals but should be used as criteria for

approving any works. It is suggested that all works satisfy all the criteria applicable.

1. Celebrating and respecting the vernacular architecture along with the fabric of the

traditional area.

2. Creating a contextually sensitive built form that refrains from pastiche.

3. Using durable, permanent and timeless materials for building.

4. Maintaining and creating coherent streetscapes and enhancing the pedestrian experience

on the streets.

5. Enhancing physical definition of streets and public spaces and making them places of

shared use.

6. Ensuring a mixed use development integrating residential, commercial and cultural use.

7. Providing broad range of housing types.

8. Maintaining a humane scale of built and open spaces.

9. Preserving the existing quietness of the area.

10. Creating built and un-built spaces that are safe and secure throughout the day and night for

all.

11. Ensuring development that enhances the community identity of the occupants of the area.

12. Integrating public art and culture in the overall development.

13. Adopting sustainability as an integral part of all works.


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Formulated by: Ar Sharvey Dhongde, INTACH Pune Chapter

Consultants: Ar Rajiv Raje, Ar Ravi Patwardhan, Ar Hemant Sathe, Ar Chetan Sahasrabudhe,

and Sanjay Deshpande


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Prepared by

Indian National Trust for Art and Cultural Heritage

71, Lodi Estate

New Delhi – 110003

PREPARATION OF HERITAGE BYE LAWS FOR THE PROHIBITED …

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