SAKKUBAI D/O. PARIMALABAI, vs. STATE OF KARNATKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2015 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO. 60278 OF 2011 C/W WP NOS. 60279, 60280, 60304, 60305, 60306, 60307, 60308, 60309, 60310, 60311, 60312, 60313, 60314, 60315 OF 2011 (LB-UC)

IN WP NO. 60278 OF 2011

BETWEEN :

SAKKUBAI D/O. PARIMALABAI, AGE: 25 YEARS, OCC: BUSINESS, R/O: VIRUPAPURA GADDE, TQ: GANGAVATHI, DIST: KOPPAL. ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

2 AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA

3 PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME AND STYLE "GOUTHAMI GUEST HOUSE AND RESTAURANT" SITUATED IN SY.NO.47/A, 41/B/1 AND 48 OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60279 OF 2011 BETWEEN :

K. NAREN KUMAR S/O K GANDHI BABU, AGE: 34 YEARS, OCC: AGRICULTURE & BUSINESS, R/O: VIRUPAPURA GADDE, TQ: GANGAVATHI, DIST: KOPPAL. ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

4 3. DEPUTY COMMISSIONER, KOPPAL.

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF " HOTEL VIJAYANAGAR” SITUATED IN SY.NO.46/B/3 OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

5 IN WP NO. 60280 OF 2011 BETWEEN :

K.V.SUDHAKAR S/O SHRIRAMA RAO, AGE: 59 YEARS, OCC: BUSINESS, R/O: VIRUPAPURA GADDE, TQ: GANGAVATHI, DIST: KOPPAL. ... PETITIONER (By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

6 REPRESENTED BY ITS SUPERINTENDING ARCHAEOLOGIST. ... RESPONDENTS

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "SUNNY GUEST HOUSE AND RESTAURANT" SITUATED IN SY.NO.46/B/1 AND SY.NO.47/A SITUATED IN VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60304 OF 2011 BETWEEN :

K. VENKATESHWARA RAO S/O K. VENKATARAMA RAO, AGE: 35 YEARS, OCC: HOTEL BUSINESS, R/O: VIRUPAPURA GADDE, TQ: GANGAVATHI, DIST: KOPPAL. ... PETITIONER (By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

7 AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

8 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF 'SAI PLAZA GUEST HOUSE AND RESTAURANT" IN R S NO. 44/1/B/1, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY.

IN WP NO. 60305 OF 2011 BETWEEN :

B.N. HEMAMALINI D/O NAGESHAM, AGE: 35 YEARS, OCC: HOTEL BUSINESS, R/O: VIRUPAPURA GADDE, TQ: GANGAVATHI, DIST: KOPPAL. ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

9 3. DEPUTY COMMISSIONER, KOPPAL.

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF 'C HEMA HOME RESTAURANT" IN R.S NO. 43/3, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

10 IN WP NO. 60306 OF 2011 BETWEEN :

K. RAMADEVI W/O K. RAMAKOTTAYYA, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL BY HER GPA HOLDER,

K. CHIRANJEEVI S/O K. RAMAKOTTAYYA, AGE: 51 YEARS, OCC: BUSINESS & AGRICULTURE, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL ... PETITIONER (By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

11 HAMPI, TQ: HOSPET, DIST: BELLARY.

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF 'WESTERN BAKERY AND RESTAURANT AND K.C.GUEST HOUSE" SITUATED IN R.S NO. 41/A, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60307 OF 2011 BETWEEN :

N. GOPALSWAMY S/O RAMAMURTHY, AGE: 57 YEARS, OCC: AGRICULTURE & BUSINESS,

12 R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3;

13 SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "MOWGLI GUEST HOUSE AND RESTAURANT" AND 3 HOUSES SITUATED IN RS.NO.40 OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60308 OF 2011 BETWEEN :

KAVALRAMARAO S/O VENKATARAYADU AGE: 65 YEARS, OCC: AGRICULTURE & BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL ... PETITIONER (By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "SHANTI GUEST HOUSE AND RESTAURANT" IN RS.NO.40 OF VIRUPAPURA GADDE

15 OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60309 OF 2011

BETWEEN :

N. SHESHAVATARAM S/O SUBBARAO, AGE: 51 YEARS, OCC: AGRICULTURE & BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL. ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

16 5. ARCHAEOLOGICAL SURVEY OF INDIA 5TH FLOOR, F WING, KENDRIYA SADAN, KORAMANGALA, BANGALORE – 34. REPRESENTED BY ITS SUPERINTENDING ARCHAEOLOGIST. ... RESPONDENTS (By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "RAVITEJA GUEST HOUSE AND RESTAURANT" SITUATED IN RS NO.44/A AT VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60310 OF 2011

BETWEEN :

N. VENKATARAMMA S/O SUBBARAO, AGE: 45 YEARS, OCC: AGRICULTURE & BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL. ... PETITIONER (By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

17 AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA

18 PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE VIZ., "BODY GUEST HOUSE AND RESTAURANT" SITUATED IN R S NO. 44/A AND 47/B AT VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60311 OF 2011

BETWEEN :

SMT. SARASWATAMMA W/O S.VENKATARAJU, AGE: 45 YEARS, OCC: AGRICULTURE & HOUSEWIFE, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "MANJUS' CORNER HOTEL" IN RS NO. 47/B/P1, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60312 OF 2011 BETWEEN :

SMT. SARASWATI W/O M.S.S SHARMA AGE: 65 YEARS, OCC: AGRICULTURE & BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

21 REPRESENTED BY ITS SUPERINTENDING ARCHAEOLOGIST. ... RESPONDENTS

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "SHRI KRISHNA COFFEE HOUSE AND RESTAURANT" SITUATED IN R.S. NO. 41/A AT VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60313 OF 2011

BETWEEN :

R.V. PADMAVATHI S/O SHANKARRAJU, AGE: 42 YEARS, OCC: HOTEL BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

22 AND

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA

23 PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF 'UMA SHANKAR HOTEL AND RESTAURANT" IN RS NO. 43/3, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60314 OF 2011

BETWEEN :

K. VENKATSUBBARAO S/O K. VENKATARAMARAO, AGE: 43 YEARS, OCC: HOTEL BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL. ... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

24 3. DEPUTY COMMISSIONER, KOPPAL.

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF "MANJUS' CORNER HOTEL" IN RS NO. 47/B/P1, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

IN WP NO. 60315 OF 2011

BETWEEN :

SHARMILA NORONHA D/O SALVADOR NORONHA AGE: 43 YEARS, OCC: HOTEL BUSINESS, R/O VIRUPAPUR GADDE, TQ. GANGAVATHI, DIST. KOPPAL

... PETITIONER

(By Sri. D.L.N. RAO, SR. ADV., A/W SRI. V.M SHEELVANT, ADV.,)

AND

26 5. ARCHAEOLOGICAL SURVEY OF INDIA 5TH FLOOR, F WING, KENDRIYA SADAN, KORAMANGALA, BANGALORE – 34. REPRESENTED BY ITS SUPERINTENDING ARCHAEOLOGIST. ... RESPONDENTS

(By Sri. A.G. SHIVANNA, AAG A/W SRI. R. DEVDAS, PRL. GA FOR R1 TO R3; SRI. P.S. MANJUNATH & SRI. T.P.VIVEKANANDA, ADVS., FOR R4; SRI. N. DEVADAS, SR. ADV., A/W SRI. H.C. SUNDARESH, CGC FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION DIRECTING THE RESIDENTS RESTRAINING THE DEMOLITION OF THE PETITIONER'S RESTAURANT AND GUEST HOUSE RUN IN THE NAME OF 'GOAN CORNER" IN R S NO. 47/B, OF VIRUPAPURA GADDE OF KOPPAL DISTRICT VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, RAM MOHAN REDDY, J, MADE THE FOLLOWING:

27 ORDER

Since common questions of fact and that of law arise for decision making, with the consent of the learned counsel for the parties petitions are clubbed together, heard finally and disposed of by this order.

WP 60278/2011:

a) Petitioner Sakkubai claims to have purchased:- i) property bearing Panchayat No.47 in Sy.No.41/A measuring 20 guntas consisting of a Restaurant known as ‘Gautham Restaurant’ having 24 rooms from her vendor-in-title Nusrat Anjunam , d/o Addul Kaleek under a registered sale deed dated 14.08.2008’; ii) Plot No.41/P1 measuring 12 guntas under sale deed dated 14.08.2008 executed by one S.S.Irfan S/o. Syed Abdul, said to consist of 7 Rooms falling within the territorial jurisdiction of Anegundi Panchayat; iii) 10 Guntas in Panchayat No.48 consisting of 24 Rooms known as ‘Ravichandra Restaurant’ under a

28 registered sale deed during the year 2009 and the construction said to have been carried out before 1983 by the vendor in title by name Sugunamma.

b) The copy of the sale deed dated 14.8.2008, Annexure ‘A’, discloses its execution by one Nusrat Anjum, D/o Abdul Kaleek conveying 20 guntas of non-agricultural property in Sy.No.41/A, assigned as Panchayat No.47, measuring East to West : 165 feet; North to South : 132 feet; totally measuring 21780 sq.feet.

c) The copy of sale deed dated 14.08.2008, Annexure ‘A-1’, executed by S.S.Irfan states that agricultural wet lands measuring 12 guntas out of 3 acres in Sy.No.41/P1 is conveyed.

d) The copy of sale deed dated 9.01.2009, Annexure A-2, is executed by one Smt.K.Sugunamma W/o. K.Rangaiah conveying house property No.48, said to be in existence from 26 years, measuring East to West 80 feet; North to South 136 feet; totally measuring 10880 sq.ft. and the building measuring East to West 15 feet; North to South 20 feet; totally measuring 300 sq.ft.

29 e) It is the further assertion of the petitioner that under Annexure B, a hotel/Restaurant licence was issued by the Gram Panchayat, Anegundi on 25.11.2000 under the Karnataka Panchayat Raj Act, 1993 in favour of K.P.C.Nageshwar Rao to carry on hotel business in the name and style ‘Ravichandra Restaurant’ for the period from 25.11.2000 to 31.3.2001.

f) Petitioner further claims that the Assistant Commissioner, Gangavathi Taluk by order dated 17.04.1996, Annexure ‘C’, permitted diversion of 1 acre 20 guntas from out of 2 Acres in Sy.No.41/A of Virupapura Gaddi, from agricultural to non- agricultural purpose, in favour of K.Ramadevi, w/o Ramakotaiah. The extract of the map of Virupapura Gaddi, insofar as it relates to 1 Acre 20 guntas in Sy.No.41/A proposed for non-agricultural purposes by K.Ramadevi w/o. Ramakotaiah discloses that the said extent of property is surrounded by agricultural lands.

g) The copy of the letter dated 12.05.2010 Annexure-D of the Secretary, Anegundi Gram Panchayat addressed to the Commissioner, Hampi World Heritage Area Management Authority, for short ‘HWHAM Authority’ discloses that Smt.Sakkubai has made an application for (a) sanction of

30 building plan and (b) for grant of a trade licence (hotel licence), hence sought for permission to issue the licenses.

h) The copy of the representation dated Nil, Annexure ‘E’, of the petitioner addressed to the Gram Panchayat is for issue of commencement certificate, for construction of a building on Panchayat No.48, measuring 80’ x 136’, wherein the Secretary has endorsed that the petitioner intends to demolish the old structure put up construction of a new structure, hence may be permitted to do so by issuing a commencement certificate.

i) Annexure ‘F’ is a copy of order dated 2.09.2006 in WP No.51025/2004 filed by Nusrath Anjum, d/o Abdul Kaleek wherein the notice dated 17.11.2004 to show cause issued by the Tahsildar to demolish the unauthorized construction on plot measuring 20 guntas in Sy.No.41/A purchased by her under a registered sale deed dated 21.4.2003 is quashed and the Authorities vi.z, the Tahsildar and Gram Panchyat of Anegundi are directed to take action only after extending an opportunity of hearing and in addition, leaving open to the Gram Panchayat to consider petitioner’s request for grant of trade licence for a hotel.

j) Form VAT-8 being copy of Composition Tax Registration Certificate and Form No.IV, Annexure ‘G’ and ‘G-1’,

31 respectively authorizing ‘Gautam Restaurant’ registered as a dealer under the Karnataka Value Added Tax 2003, to collect tax on sales from 22.11.2006 until cancelled in respect of the business at No.47, Virupapur Gaddi, Sanapur post, Gangavathi Taluk, and a certificate dated 22.11.2006 issued by the Tax Authority under The Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976, in favour of Nusrat Anjum, w/o Syed Sujauddin Irfan, of ‘Gautam Restaurant’.

k) Annexure ‘H’ is a copy of the acknowledgement issued by the Income Tax Department for having filed return of income for the year 2009-2010 by Sakkubai enclosing copy of the statement of income from business including Hotel business.

l) Annexure ‘J’ and ‘J-1’ are copies of receipts issued by the Gram Panchayat, Anegundi, in favour of Sakkubai for having collected land tax and residential building tax for year 2009 and 2010 without mentioning the particulars of the properties.

m) Copy of the notice dated 11.11.2010 Annexure-K issued the ‘HWHAM Authority’ is to direct the petitioner to demolish the unauthorized building within three days therefrom, to which petitioner is said to have submitted a reply dated 07/1/2011 Annexure-L stating that she has not put up

32 any new construction since the request for permission was pending with the authority and that seven room building existing was constructed by her vendor-in-title after obtaining all permissions from the Panchayat.

n) The copies of three plans for construction of buildings bearing a signature with designation as President of the Village Panchayat to put up construction of several buildings and huts in site bearing Sy.No.41/P1 and Sy.No.41/A without mentioning the date.

o) The copy of the letter dated 27.11.2006 of the ‘HWHAM Authority’ addressed to the Secretary, Gram Panchayat, Anegundi makes reference to issue of ‘No objection certificate’ in respect of trade licenses issued to residents of Sanapura, Chikkaramapura, Anjanahalli, and Anegundi. The copy of the proceedings dated 24.8.2007 of the Sub-committee of ‘HWHAM Authority ’ indicates that applications for repair of buildings submitted by Sri.Gopalaswamy, s/o Ramachar in respect of property Nos. 40 and 42 of Virupapaur Gaddi, are deferred.

p) The copy a paper report Annexure-P is over demolition of unauthorized constitution in Virupapura Gaddi by ‘HWHAM Authority ’.

33 IN W.P.No.60279/2011:

Petitioner- K.Naren Kumar claims to have purchased Panchyat property bearing Sy.No.46/B/3 measuring 3 acres from one Sri. Kadial Basavayya under a registered sale deed dated 05.7.1980 following which he put up construction of a building having 35 rooms on 20 guntas of land and commenced business of a restaurant in the name and style of “Hotel Vijaya Nagara” on obtaining license from the Anegundi Panchayat.

a) Annexure-A is a copy of sale deed dated 05.07.1980 executed by one Kodiyal Kottamma w/o Basavayya in favour of Kakarala Mohandas Karamchand Gandhi, conveying the immovable property being wetlands bearing Sy.No.46/B/3 measuring 3 acres.

b) Annexure-B is said to be a copy of the application dated 28.12.1998 by K.Rangaiah, s/o K.Rangappa to the President Gram Pancahyat, Anegundi for grant of a fresh hotel licence.

c) Annexure-C is Xerox copy of the Hotel/Restaurant/Residence licence said to be issued by the village Panchayat of Anegundi in favour of Sri. K.Rangaiah,

34 S/o. K.Rangappa to carry on hotel business in the name and style of “Hotel Vijaya Nagara” for the period from 27.11.2001 to 31.3.2001 and 1.4.2001 to 31.3.2002.

d) Annexure ‘D’ is a copy of order dated 23.11.2010 in WP No.68392/2010 instituted by M/s Vijayanagara Guest House calling in question the show cause notices dated 17/09/2010 and 28/09/2010, issued by the Commissioner, Hampi World Heritage Area Management Authority, Hospet/respondent No.3, whence the petition is disposed reserving liberty to the petitioner therein to submit its reply to the show cause notices within ten days from the date of order, if not already done and directing the third respondent to consider the same and pass orders in accordance with law.

e) Annexure E, E1, E2 and E3 are copies of tax paid receipts issued by the Village Panchayat in favour of K.Subhashchandra Bose in respect of property Nos.56, towards land tax without mentioning other particulars including the year for which the tax is imposed.

f) Annexures F, F-1 and F-2 are copies of notices dated 28.09.2010, 17.09.2010 and 11.11.2010 issued by the Commissioner, ‘HWHAM Authority’, Hospet/respondent

35 No.4 to the petitioner to demolish the buildings on the allegation of unauthorized construction.

g) Annexure G is a copy of the application dated 09.04.2010 of one N.Sheshavatharam under RTI Act seeking details pertaining to the list of licences renewed by other Gram Panchayats during the period 2003-2004 to 2010-2011.

h) Annexures G-1 and G-2 are the endorsements issued by the Secretary, Gram Panchayat for having furnished the details as required in the application filed through RTI.

i) Annexure G-3 dated 25.5.2007 is the list of persons to whom NOC is issued by the Secretary, Gram Panchayat for trades to be carried on in Anegundi, Kadebagilu, Rampura, Mallapura, Basavanadurga, Chikkarampura and Thirumalapura.

j) The copy of the letter dated 27.11.2006 of the ‘HWHAM Authority ’ addressed to the Secretary, Gram Panchayat, Anegundi makes reference to issue of ‘No objection certificate’ in respect of trade licenses issued to residents of Sanapura, Chikkaramapura, Anjanahalli, and Anegundi. The copy of the proceedings dated 24.8.2007 of the Sub-committee of ‘HWHAM Authority ’ indicates that applications for repair of abuildings submitted by Sri.Gopalaswamy, s/o Ramachar in

36 respect of property Nos. 40 and 42 of Virupapaur Gaddi, are deferred.

k) Annexure G-6 and G-7 are copies of Flour Mill licence and restaurant licence, respectively, in the name of Vijayalakshmi Subbaiah Shetty and Shyam Pawar Kishkinda Trust, Anegundi, for the period 3.1.2009 to 31.3.2009 and 7.6.2007 to 31.3.2008.

l) Annexure G-8 is Hotel/Restaurant licence issued by the President of Gram Panchayat, Anegundi on 28.3.2007 under the Karnataka Panchayat Raj Act, 1993 in favour of Smt.Padmavathi to carry on hotel businees in the name and style ‘Sri. Gowri Hotel (Restaurant)’ for the period from 1.4.2006 to 31.32007; 1.4.2007 to 31.3.2008; 1.4.2008 to 31.3.2009; 1.4.2009 to 31.3.2010; 1.4.2010 to 31.3.2011.

m) The copy of a paper report Annexure-P is over demolition of unauthorized construction in Virupapura Gaddi by ‘HWHAM Authority ’.

WP 60280/2011:

Petitioner – K.V. Sudhakar claims to have purchased land in R.S.No.46/B/1 measuring 3 acres 20 guntas and R.S.No.47/A

37 measuring 20 guntas of Virupapura Gaddi village, from one Sri. K Basavayya, S/o. Nagayya, under registered sale deed dated 05.7.1980 following which he put up construction of a building and commenced business of a restaurant in the name and style of “Sunny Guest House and Restaurant” on obtaining license from the Anegundi Panchayat.

a) The copy of the sale deed dated 05.07.1980 Annexure-A is said to be executed by one Kodiyal Basavayya, S/o. Nagayya, in favour of Kakaral Venkata Sudhakara conveying the immovable property being wetlands in Sy.No.46/B/1 and Sy.No.47/A/1 measuring 3 acres 20 guntas and 20 guntas, respectively.

b) Annexure –B copy of the record of rights (RTC) bears the seal of the village accountant of Gangavathi taluk, in respect of Sy.No.47/A/1 certifying that 20 guntas of land is owned and possessed by one Sri.Venkata Sudhakar, S/o. K.Srirama Rao and that there are no crops grown for the year 2010-2011.

c) Annexure-C dated 24.4.2001 is a copy of the Hotel/Restaurant/Residence licence issued by the Village Panchayat of Anegundi in favour of Sri.Venkata Sudhakar,

38 S/o. K.Srirama Rao to carry on hotel business in the name and style of “Sunny Guest House and Restaurant”, for a period not decipherable.

d) Annexure-D is a copy of order dated 13.1.2006 in WP Nos.3255/2005 and connected petitions instituted by Smt.R.V.Padmavathi and others (W.P.4174/2005 of K.V.Sudhakar), whereunder a direction is issued to the Tahsildar, to treat the impugned notices as show cause notices and to consider the objections, if any filed by the petitioners therein and pass fresh orders in accordance with law.

e) Annexure-E is a copy of the tax paid receipt issued by the Gram Panchayat , Anegundi, in respect of property No.54 for the 2010.

f) The copy of the letter dated 27.11.2006 of the ‘HWHAM Authority ’ addressed to the Secretary, Gram Panchayat, Anegundi makes reference to issue of ‘No objection certificate’ in respect of trade licenses issued to residents of Sanapura, Chikkaramapura, Anjanahalli, and Anegundi. The copy of the proceedings dated 24.8.2007 of the Sub-committee of ‘HWHAM Authority ’ indicates that applications for repair of buildings submitted by Sri.Gopalaswamy, s/o Ramachar in

39 respect of property Nos. 40 and 42 of Virupapaur Gaddi, are deferred.

g) The copy a paper report Annexure-G is over demolition of unauthorized constitution in Virupapura Gaddi by ‘HWHAM Authority ’.

WP 60304/2011:

Petitioner – K. Venkateshwara Rao claims to be owner of the property bearing R.S. No.44/1/B/1 measuring 20 guntas of Virupapura Gaddi village and commenced business of Restaurant and Guest House, in the name and style of “Sai Plaza Guest House and Restaurant” .

a) Annexure A copy of the record of rights (RTC) bears the seal of the village accountant of Gangavathi Taluk in respect of Sy.No.44/1/B/1 certifying that 20 guntas of land owned and possessed by Sri. K.Venkateshwara Rao, S/o. K.Venkatarama Rao, and the crops grown are coconut and papaya, in the lands classified as wet for the year 2006- 2007.

40 b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence issued by the village Panchayat of Anegundi in favour of Sri.Venkatarama Rao, s/o K.Subbarao, to carry on hotel business in the name and style of “Sai Plaza Guest House and Restaurant” for the period from.01.04.2002 to 31.03.2003.

c) Annexure-C is copy of application dated 28.3.2007 by K.Venkatarama Rao addressed to the President, Gram Panchayat, Anegundi for renewal of Guest House and Restaurant licence.

d) Annexure D and D-1 are copies of the tax paid receipts in respect of property Nos.61 and 62 in the name of K.Venkatarama Rao, s/o K.Subba Rao, towards land tax for the year 2006-2007 issued by Grama Panchyat, Anegundi.

e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest

41 house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60305/2011:

Petitioner – B.N. Hemamalini claims to have purchased land bearing in R.S.No.43/3 measuring 1 acre 12 guntas of Virupapura Gaddi from Smt.K.Ramadevi under a registered sale deed and commenced business of Restaurant and Guest House, in the name and style of “C.Hema Home Restaurant” in 20 guntas of land.

a) Annexure- A copy of the record of rights (RTC) bears the seal of the village accountant of Gangavathi taluk certifying that Sy.No.43/3 that 1 Acre 12 guntas stands in the name of Smt. B.N.Hemamalini, D/o. Nagesham, and 4 guntas in the name Smt. Kari Ramadevi, w/o K.Ramakottayya, and 4 guntas in the name of Smt.R.V.Padmavathi, w/o. Sri.R.V.Shankara Raja, while the land classified as dry is uncultivated, though coconut trees are in existence for the year 2005-2006.

b) Annexure-B dated 20.9.2001 is a copy of the Hotel/Restaurant/Residence licence issued by the village

42 Panchayat of Anegundi in favour of Smt. B.N.Hemamalini, D/o. Nagesham to carry on hotel business in the name and style of “C.Hema Home Restaurant” for the period from.20.09.2001 to 31.03.2002 and further renewed from 01.04.2002 to 31.03.2003.

c) Annexure-C is a copy of the application dated Nil made by the petitioner to the Secretary, Gram Panchayat, Anegundi for renewal of hotel/restaurant licence for the year 2010-11.

d) Annexure-D is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60306/2011:

Petitioner - K.Ramadevi, w/o Rama Kotaiah claims to have purchased land bearing R.S.No.41/A measuring 2 acres of Virupapura Gaddi village from Sri.Raghuramayya S/o K.Venkateshwara Rao under a registered sale deed dated

43 11.12.1972 and commenced business of Restaurant and Guest House, in the name and style of “Western Bakery and Restaurant” and ‘K.C.Guest House’ on 20 guntas of land.

a) Annexure-A copy of the record of rights (RTC) is in respect of Sy.No.41/A indicating that 20 guntas stands in the name of Smt. K.Ramadevi, w/o K.Ramakottayya, 4 guntas in the name of Smt.M.Saraswathi, w/o. M.S.S..Sharma, 8 guntas in the name of Sri.Govind, s/o. Thimmappa, 4 guntas in the name of Sri.B.Gopinath, s/o. Thayappa and 4 guntas in the name of Smt. Subhashana Goel, W/o. Madanalal Goel for year 2007-2008, without indicating the classification of the land and nature of crop grown. RTC is not certified.

b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence issued by the village Panchayat of Anegundi in favour of Sri.K.Chiranjeevi, s/o. Ramakottayya, to carry on hotel business in the name and style of “Western Bakery and Restaurant” for the period from.26.10.2002 to 31.03.2003.

c) Annexure-C is a copy of application dated 1/08/2007, made by Sri.K.Chiranjeevi, to the Secretary, Gram Panchayat, Anegundi for renewal of hotel/restaurant licence.

d) Annexure-D is a copy of the tax paid receipt issued the Gram Panchayat , Anegundi, Gangavathi Taluk for having collected tax from Chiranjeevi, s/o Ramakotayya for property No.25 for the year 2008.

e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

45 WP 60307/2011:

Petitioner - N.Gopalaswamy, s/o Ramamurthy claims to have purchased land bearing Sy.No.40 measuring 4 acres and 25 guntas of Virupapura Gaddi village from one Sri. D.Keshwawarao under a registered sale deed 1989, put up construction of 35 room building during the year 1996 and commenced business of Restaurant and Guest House, in the name and style of “Mowgli Guest House and Restaurant”. a) Annexure-A copy of the record of rights (RTC) bears the seal of the village accountant of Gangavathi taluk, in respect of Sy.No.40 certifying that 4 acres and 25 guntas stands in the name of Sri. N.Gopalaswamy, S/o. Ramamurthy for the year 2009-2010 without disclosing the classification of the land or the nature of the crop grown.

b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence dated 4.7.2002 issued by the village Panchayat of Anegundi in favour of Sri. N.Gopalaswamy, S/o. Ramamurthy, to carry on hotel business in the name and style

46 of “Mowgli Guest House and Restaurant” for the period from 01.04.2002 to 31.03.2003.

c) Annexure-C is copy of the application dated 05.12.2003, made by the petitioner, to the Secretary, Gram Panchayat, Anegundi for renewal of the guest house licence.

d) Annexure-D is copy of the tax paid receipt issued by the Anegundi Gram Panchayat in favour of the petitioner towards land tax in respect of property No.42 for the year 2009.

e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy. No.41/A, 41/B/1 and 47 of Virupapura Gaddi.

47 WP 60308/2011:

Petitioner - Kavalramarao, S/o Venkatarayadu, claims to have purchase land bearing R.S.No.40 measuring 4 acres of Virupapura Gaddi village from one Sri. Amatur Venkateshwar Rao under registered sale deed dated 01.09.1987 and commenced business of Restaurant and Guest House, in the name and style of “Shanti Guest House and Restaurant” after obtaining license from the Anegundi Panchayat.

a) Annexure-A copy of the record of rights (RTC) bears the seal of by the village accountant of Gangavathi taluk, in respect of Sy.No.40/2 certifying that 4 acres stands in the name of Sri. Kavalramarao, S/o. Venkataramudu without certifying the classification or nature of the crop for the year 2009-2010.

b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence dated 27.11.2000 issued by the village Panchayat of Anegundi in favour of Sri. Kavalramarao, S/o. Venkatarayadu.

48 to carry on hotel businees in the name and style of “Shanti Guest House and Restaurant” for the period 21.11.2000 to 31.03.2001; 1.3.2001 to 31.3.2002; 5.5.2002 to 31.3.2003.

c) Annexure-C is a copy of the official memorandum dated 9.6.2000 of the Assistant Commissioner, Koppal permitting diversion of 5 guntas out of 4 acres in Sy.No.40 of Virupapura Gaddi, from agricultural to residential purpose, in the name of Sri.Kavalaramarao.

d) Annexure-D is a copy of the application dated 07.11.2009 by the Petitioner to the Secretary, Gram Panchayat, Anegundi for renewal of licence.

e) Annexure-E series consists of copies of extract of the register relating to collection of taxes in respect of property Nos.39, 64, 64/2, 64/2 and 65 of the Gram Panchayat, Anegundi, Gangavathi Taluk, in the name of the petitioner for the period of 2009-2010.

49 f) Annexure-F is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60309/2011:

Petitioner - N.Sheshavataram, s/o Subbarao claims to have purchased land bearing R.S.No.44/A measuring 17 guntas from one Sri. Krishnamurthy in the year 1984 and constructed rooms during the year 2003 to commence business of Restaurant and Guest House, in the name and style of “Raviteja Guest House and Restaurant” on obtaining license from the Anegundi Panchayat.

a) Annexure - A copy of the record of rights (RTC) bears the seal of the village accountant of Gangavathi taluk, in respect of

50 Sy.No.44/A certifying that 17 guntas stands in the name of Sri.N.Seshavataram, S/o. Subbarao and 3 guntas in the name of Sri.N.Venkataramana, s/o. Subbarrao, classifying the land as dry and the crops as mango and coconut for the year 2005- 2006.

b) Annexure-B dated 25.1.2003 is a copy of the Hotel/Restaurant/Residence licence issued by the village Panchayat of Anegundi in favour of Sri.N.Seshavataram, S/o. Subbarao, to carry on hotel businees in the name and style ‘Raviteja Restaurant ’ for the period from 25.012002 to 31.03.2003.

c) Annexure-C is a copy of the application dated 05.12.2003, of the Petitioner addressed to the Secretary, Gram Panchayat, Anegundi for renewal of licence.

d) Annexure-D is copy of the tax paid receipt dated 30.11.2009 issued by the Gram Panchayat, Anegundi,

51 Gangavathi Taluk towards land tax for house No.50, property No.583/2 for the year 2009-2010.

e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy. No.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60310/2011:

Petitioner - N.Venkataramana, S./o Subbarao claims to have purchased 3 guntas of land in Sy.No.44/A and 4 acres 34 guntas in Sy.No.47/B, put up construction of rooms during 1996 in 30 guntas of land to commence business of Restaurant and Guest House, in the name and style of “Boby Guest House and Restaurant” after obtaining license from the Anegundi Panchayat.

52 a) Annexure-A and A-1 copies of record of rights bears the seal of the Village Accountant, Gangavati taluk, certifying that land measuring 3 guntas in Sy.No.44/A and 2 acres 17 guntas in Sy.No.47/B stands in the name of the petitioner and classifies the land in Sy.No.44/A as dry land with mango and coconut trees for the year 2005-2006.

b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence dated nil issued by the village Panchayat of Anegundi in favour of Sri.Venkatarmana, S/o N.Subba Rao, to carry on business in name and style of “Boby Guest House and Restaurant” from 23.01.2002 to 31.03.2002.

c) Annexure-C series are copies of two tax paid receipts dated 5.12.2005 and 13.7.2005, respectively, issued the Gram Panchayat, Anegundi, Gangavathi Taluk for having collected land tax for house No.52 in the name of the petitioner for the year 2005-2006.

53 d) Annexure-D is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad, in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy. No.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60311/2011:

Petitioner – Smt.Saraswatamma, w/o Venkataraju, claims to have purchased panchayat plot No.44/A measuring 3 guntas (50 x 65) from one Sri. M.Sheshavataram during the year 1998, under registered sale deed following which she put up construction of rooms during the year 1996 to commence business of a restaurant in the name and style of “Raju Guest House and Restaurant” on obtaining license from the Anegundi Panchayat.

54 a) Annexure-A copy of sale deed dated 13.04.1998 executed by one Sri M.Sheshavataram, S/o. Subba Rao, in favour of Smt.Shakuna Saraswathamma, w/o Venkataramaraju, conveying Panchayat plot No.51 measuring East to West 50 ft and North to South 65 ft.

b) Annexure B is the Hotel/Restaurant licence 25.5.2001 issued by the Gram Panchayat, Anegundi in favour of Sri.S.Venkataramaraju , to carry on hotel business in the name and style ‘Nava Raju Restaurant’ for the period from 25.05.2001 to 31.03.2002; 1.4.2002 to 31.3.2003.

c) Annexure-C is a copy of the application dated 14/12/2009 of the Petitioner addressed to the Secretary, Gram Panchayat, Anegundi for renewal of licence for ‘Raju Guest House’.

d) Annexure-D is a copy of the tax paid receipt dated 10.11.2006 in respect of House No.51 for the year 2006-07 issued by the Gram Panchayat , Anegundi, Gangavathi Taluk.

55 e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy. No.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60312/2011

Petitioner – Smt. Saraswati, w/o M.S.S.Sharma claims to have purchased land bearing No.41/A measuring 4 guntas from one Smt. Ramadevi, under registered sale deed following which she put up construction of a restaurant during the year 2003 and commenced business of a restaurant in the name and style of “Sri Krishna Coffee house and restaurant” after obtaining license from the Anegundi Panchayat.

a) Annexure-A is a copy of the sale deed dated 18.04.2001 executed by one Smt. K.Ramadevi, w/o. Smt. Ramkotayya in

56 favour of Mudugula Saraswathi, w/o M.S.S.Sharma conveying the immovable property measuring 4 guntas from out of 20 guntas remaining after 1 acres 20 guntas from out of 2 acres was conveyed to some other party, located in Virupaura Gaddi.

b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence dated Nil issued by the village Panchayat of Anegundi in favour of Smt. M.Saraswathi w/o. Sri. M.S.S. Sharma, to carry on business in name and style of ‘Krishna Coffee House (Restaurant)’ from 1.4.2002 to 31.3.2003.

c) Annexure-D is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

W.P.60313/2011

Petitioner- Smt. R.V.Padmavathi, w/o Shankarraju, states that her husband purchased 4 guntas from out of 1 acre 20 guntas of agricultural land in R.S.No.43/3 of Virupapura Gaddi, and put up construction on 30 guntas to carry on business of a restaurant in the name and style of “Umashankar Hotel and Restaurant”.

a) Annexure-A is copy of the sale deed dated 26.3.1996 executed by Smt.K.Ramadevi, w/o. Sri. Ramkottayya in favour of Sri.R.V.Shankara Raju S/o. R.V.Subba Raju, conveying immovable property being agricultural lands classified wet, measuring 4 guntas from out of 1 acre 20 guntas in Sy.No.43/3, of Virupapura Gaddi.

b) Annexure-B is a copy of the Hotel/Restaurant/Residence licence dated 23.5.2002 issued by the village Panchayat, Anegundi in favour of Smt.R.V.Padmavathi, W/o. Sri. Shankar Raju to carry on business in the name and style of

58 “Umashankar Hotel Restaurant” in house No.57, for the period from 1.4.2002 to 31.3.2003.

c) Annexure-C is copy of the application dated 28.3.2007 of the petitioner addressed to the President and Secretary, Grama Panchayat, Anegundi, for renewal of licence ‘Umashankar Guest House/Restaurant’.

d) Annexure-D is a copy of tax paid receipt dated 28.7.2007 in respect of property No.57/A for the year 2007-08 from the petitioner.

e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60314/2011

Petitioner - K.Venkatasubba rao, s/o K.Venkatarama Rao, states that his father purchased immovable property being agricultural lands in R.S.No.47/B/P1 measuring 1 acre 20 guntas from out of 3 acres and on obtaining a licence is carrying on business of a restaurant in the name and style ‘Manjus Corner Hotel’ in 30 guntas of land.

a) Annexure - A copy of the record of rights (RTC) bears the seal of the village accountant of Gangavathi in respect of Sy.No.47/B/P1 certifying that 1 acre 20 guntas stands in the name of Sri.K.Venkatasubba rao, S/o. Venkatarama Rao and 1 acre 20 guntas in the name of K.Venkatalakshmi Narasayyamma w/o. K.Venkatasubba Rao, and 26 guntas in the name of Kurusa Nagalakshmi w/o. Kurasa Venkatarama Rao, while the crop grown is shown as wheat for the year 2006-2007.

60 b) Annexure B is a copy of the Hotel/Restaurant/Residence licence dated 4.12.2001 issued by the village Panchayat of Anegundi in favour of K.V.Subba Rao, s/o K.V.Rama Rao, to carry on business in the name and style of ‘Manjus Corner Hotel’ for the period 4.12.2001 to 31.3.2002. The licence is said to have been renewed for the period 1.7.2002 to 31.3.2003.

c) Annexure-C is a copy of the application dated 27.9.2008 of the petitioner addressed to President, Grama Panchayat, Anegundi, for renewal of the licence.

d) Annexure-D is a copy of the receipt dated 21.10.2005 issued by the Village Accountant, Gangavati taluk for having received land revenue in respect of Sy.No.47/B/B1.

e) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the

61 restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

WP 60315/2011

Petitioner - Sharmila Noronha, D/o Salvador Noronha claims to have purchased 1 acre land in R.S.No.47/B and 20 guntas in the same survey number vide two separate sale deeds and commenced business of a restaurant in the name and style of ‘Goan Corner’ after obtaining license from the Anegundi Panchayat.

a) Annexure - A is a copy of the sale deed dated 09.05.2001 executed by Smt. Kursa Nagalaxmi, w/o Sri. Kursa Venkat Ramarao in favour of Sharmila Efigenia perfect Succor Jesus De Noronha, d/o Salvador Noronha, conveying the immovable property being agricultural land classified dry measuring 20 guntas from out of 1 acre 6 guntas in Survey No.47/B of Virupapura Gaddi.

62 b) Annexure A-1 is the copy of the sale deed dated 09.05.2001 executed by one Sri. Kursa Venkat Ramarao, s/o Sri. Subba Rao, in favour of the petitioner conveying the immovable property being agricultural land classified dry measuring 1 acre out of 4 acres in Survey No.47/B of Virupapura Gaddi.

c) Annexure - B is a copy of the Hotel/Restaurant/Residence licence dated 4.12.2001 issued by the village Panchayat of Anegundi in favour of Smt. Sharmila, D/o. Salvador Noronha, to carry on business in the name and style of “Goan Corner” for the period 4.12.2001 to 31.3.2002. The licence is said to have been renewed for the period 1.4.2002 to 31.3.2003.

d) Annexure – C is the copy of order dated 13/11/2006 in WP Nos.3255/2005 and connected petitions instituted by Smt.R.V.Padmavathi and others, whereunder a direction is issued to the Tahsildar, to treat the impugned notices as show cause notices and to consider the objections if any to be filed

63 by the petitioners and thereafter pass fresh orders in accordance with law.

e) Annexure-D is a copy of the receipt issued by the Village Accountant, Gangavati taluk for having received land revenue in respect of land in Sy.No.47/B/P1 from Baladevaraj.

f) Annexure-E is copy of the interim order dated 12.1.2011 of the High Circuit Bench, Dharwad , in WP 60278/2011 instituted by Smt. Sakkubai, D/o Parimalabai, whereunder the respondents are restrained from illegally demolishing the restaurant and guest house run by the petitioner therein in the name and style of ‘Gautami Guest house and restaurant’ in Sy no.41/A, 41/B/1 and 47 of Virupapura Gaddi.

64 STATEMENT OF OBJECTIONS:

65 agricultural land for use to commercial activity, while the Village Panchayat had no jurisdiction either under the Karnataka Land Revenue Act, 1961 or under Karnataka Panchayat Raj Act, 1993 to grant such permission. It is further denied that petitioner is carrying on business from 10 years prior to the coming into force of the Hampi World Heritage Area Management Authority Act, 2002, for short ‘HWHAMA Act’ i.e., w.e.f. 27.1.2005. It is stated that copies of licence produced are valid upto 31.3.2003 and since not renewed. The respondent assert that the local panchayat and other Authorities are requested not to grant licence or permission for commercial activities, though, petitioner made application for grant of renewal. It is stated that mere collection of commercial tax and issue of TIN Number by the Sales Tax Authorities do not legalise the illegal construction. The issue of show cause notice to the petitioner and the submission of a reply by the petitioner are admitted. 4th respondent states that by endorsement dated 28.9.2010, petitioner’s application for building construction on site No.48 was rejected, despite which petitioner continued with

66 the construction and therefore, notice dated 11.11.2010, Annexure-R1. The contention that ‘HWHAM Authority ’ practiced discrimination by renewing licenses issued to others is denied stating that no such licenses are renewed in Virupapura Gaddi.

67 Gaddi as a ‘protected area’ under Section 19 of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961, for short ‘State Act’, whereunder subsection (4) states that such a notification is conclusive evidence of the fact that Archaeological sites and remains to which it relates is a ‘protected area’. Section 20 of the ‘State Act’ prohibits the use of any land in the protected area for purpose other than agriculture and under Subsection (2) the Government empowers the Deputy Commissioner to pull down any structure built in the protected area. It is further stated that the remnants of aqueducts constructed to bring water from Anegundi channel to Virupapura Gaddi islands despite surrounded by river are of Archaeological significance protected by the Dept of Archeology. The hillocks in Viruparua Gaddi village known as ‘Rishi Mukha’ are associated with ancient mythology and is reputed to be the location of Kishkinda of Ramayana. In the early surveys there are records that along with aqueducts there are old ‘mantaps’. The river that is Thungabhadra surrounding Virupapura Gaddi, a river island has

68 a buffer zone of 100 meters from the river bed demarcated as river protection zone in the master plan. Since solid waste and sewage is being let into the river the planning authority decided not to allow any development in the river protection zone to protect ecological sensitivity despite immense pressure for development. It is stated that Virupapura Gaddi, a river island is part of the sacred zone in the Hampi World Heritage site, while the river island is at a distance of 300 meters from Virupaksha Temple more than 1000 years old, with a clear visual link between the temple and the island. The preservation of ecological balance, scenic beauty, ancient agricultural practices in Virupapura Gaddi village has led to the declaration as a no development zone.

ADDITIONAL STATEMENT OF OBJECTIONS:

69 activity of construction, hence issued with notice dated 9.7.2014 to stop the construction. According to the respondent Gulbarga Electric Supply Company (GESCOM) provided electric supply to the said buildings despite objections while the SHO, Gangavathi Rural Police station has records of the number of foreign tourists who stayed in several guest houses during the year 2011 to 2015.

70 development is permitted in areas such as ‘river island’, ‘tank bed’, ‘hillocks’ and ‘forest’.

b) is an ‘oval islet’ formed in the river Tungabhadra flowing towards the northern perimeter of Hampi World Heritage Site. The river, it is said, flowing from east to west has many small islets of which Virupapura Gaddi is the largest characterized with undulated low hillocks of granite throughout its east to west length and its highest altitude measures 1570 ft, while its southern, western and northern parts are put to cultivation;

c) western end is put to use by vested interest by construction of out of character, shabby dhabas, hotels

71 catering to sects of tourists for carnal pleasures with use of prohibited intoxicant drugs;

d) is in close proximity to the following important Archaeological remains:

i) Sri Virupaksha Temple and the hampi ruins, 200 mtrs from the south eastern extreme of Virupapura Gaddi to the fort wall on the north of the temple complex;

ii) Kodandarama Temple is at a distance of 165.68 mtrs from the south eastern extreme of Virupapura Gaddi;

iii) Varaha Temple, a protected monument is at a distance of 249 mtrs from the south eastern extreme of Virupapura Gaddi;

72 iv) Koti Linga, a protected monument is at a distance of 190.58 mtrs from the southern extreme of Virupapura Gaddi;

v) Western fort wall of Vithala Temple complex, a protected monument is at a distance of 229.40 mtrs from the island;

vi) Purandara Mandapa, a protected monument is at a distance of 150.59 mtrs from the island;

vii) an ancient path, a protected monument is at a distance of 121 mtrs;

viii) Sanapur Aqueduct, a protected monument lies towards north along with ruined Mandaps and shrines.

73 “ a) as a sacred site of Sri Ramachandra being traditionally identified as Kishkinda of Ramayana;

b) natural rock shelters proven to be safe habitation of ‘proto historic man’ before settling down to make shift hutments;

c) rock paintings, stone, artifacts, in other localities of Hampi;

d) the meandering Tungabhadra river offering little open grasslands with scrubby jungle harbouring games for sustenance, a natural habitant. The slope of the hillock and the swarm of dykes formation, man made and natural settles coupled with art, architecture, social-cultural, economical, natural resource management, enabled the establishment of a grand metropolis.

74 two villages viz., Anegundi and Virupapura Gaddi in Gangavati taluk of Koppal district (earlier Raichur district), a comprehensive geographical entity with attributes like landscape, prehistoric vestiges, water systems, epigraphical resources, expressions of a multi faceted outstanding universal values, hence declared as a World Heritage Site. This according to the respondent led to the State Government issuing a notification dated 22.10.1988 under the ‘‘State Act’ declaring Virupapura Gaddi as ‘core zone and protected area’.

75 importance. The Master Plan, it is said, provides for a core, buffer, and peripheral zones, while Virupapura Gaddi falls within the ‘core zone’.

REJOINDER STATEMENT:

76 statement of objections. In fact, it is asserted, a road to the said island is shown in the master plan 2021. The allegation of misuse of guest houses for carnal pleasures and use of intoxicated drugs are denied. It is further asserted that there are no monuments in Virupapura Gaddi while rock shelters are not notified monuments in the notification dated 22.10.1988 and hence not a notified village under the ‘State Act’.

STATEMENT OF STATE GOVERNMENT:

77 declaring ‘protected area’ is in exercise of jurisdiction under Section 19 of the ‘State Act’, while the map annexed to the notification specifies the entire village of Anegundi and Virupapura Gaddi as protected area. The deponent states that Virupapura Gaddi is a rocky island surrounded by river Tungabadhra, while another triangular piece of island elongated towards the north western tip also forms part of Virupapura Gaddi. A clear picture of Virupapura Gaddi is said to emanate from a village map, an old document in which recordings are made in Urdu and Devanagari script, copy of which is annexed as R1.

78 Heritage Site into three zones viz., core, buffer and peripheral as well as cultural heritage. The master plan 2021 issued by ‘HWHAM Authority ’ is in exercise of jurisdiction vested in it under the ‘HWHAMA Act’,as well as Section 13 of the Karnataka Town and Country Planning Act, 1961 identifying the entire village of Virupapura Gaddi to fall within the local planning area of the Hampi World Heritage Site.

79 facilitate the evacuees, issued Government Order dated 15.5.2010 allotting 15 acres of land in Kamalapura village of Bellary district.

TABLE: 21. The summary of relevant facts in each of the petitions for easy reckoning is set out in the table:-

80 License Details Nature of property Sl. No W.P.No. and Name of the Petitioner/s Name of the Guest House/ Restaurant/ Hotel Name of the license holder License period Property No. Extent Sale Deed/Pahani (1) (2) (3) (4) (5) (6) (7) (8) i) Panchayat No.47 Sy.No. 41/A – permission for diversion by the Assistant Commissioner, Gangavathi Taluk vide order dated 17/04/1996 20 guntas of non agricultural property Registered sale deed dated 14/08/2008 Gautham Restaurant K.P.C.Nageshwar Rao

ii) Plot No.41/P1 12 guntas of agricultural wet lands Sale deed dated 14/08/2008 1

W.P.60278/2011 Smt. Sakkubai Ravichandra Restaurant K.P.C.Nageshwar Rao From 25/11/2000 to 31/03/2001 iii) Panchayat No.48 10880 sq.ft Built area is 15’ x 20’ Sale deed dated 09/01/2009 2 W.P.60279/2011 Sri.K.Naren Kumar Hotel Vijaya Nagara Sri.K.Rangaiah From 27/11/2001 to 31/03/2002 Sy. No. 46/B/3

3 acres of wet lands Registered sale deed dated 05/07/1980 i) R.S.No.46/B/1 3 acres 20 guntas of wet lands 3 W.P.60280/2011 Sri.K.V.Sudhakar Sunny Guest House and Restaurant K.Venkata Sudhakar

ii) R.S.No.47/A 20 guntas of wet lands Registered sale deed dated 05/07/1980 4 W.P.60304/2011 Sri.K.Venkateshwara Rao

Sai Plaza Guest House and Restaurant Sri.Venkatarama Rao From 01/04/2002 to 31/03/2003 R.S.No.44/1/B/1 20 guntas of wet lands growing coconut and papaya crops Record of Rights (RTC) pahani 5 W.P.60305/2011 B.N.Hemamalini

C.Hema Home Restaurant Smt. B.N.Hema malini From 20/09/2001 to 31/03/2003 R.S.No.43/3 1 acre 12 guntas of dry lands growing coconut trees Record of Rights (RTC) pahani

81 (1) (2) (3) (4) (5) (6) (7) (8) 6 W.P.60306/2011 Smt. K.Ramadevi Western Bakery and Restaurant & K.C.Guest house Sri.K.Chiranjeevi From 26/10/2002 to 31/03/2003

R.S.No.41/A 20 guntas out of 2 acres without any classification of lands in the RTC pahani Registered Sale deed dated 11/12/1972 Uncertified Record of Rights (RTC) produced 7 W.P.60307/2011 Sri. N.Gopalswamy

Mowgli Guest House and Restaurant Sri.N.Gopal swamy From 01/04/2002 to 31/03/2003 Sy.No.40 4 acres 25 guntas without any classification of lands in the RTC pahani Record of Rights (RTC) pahani 8 W.P.60308/2011 Sri. Kavalramarao Shanti Guest House and Restaurant Sri.Kavalramarao From 21/11/2000 to 31/03/2003 R.S.No.40/2 4 acres without any classification of lands in the RTC pahani Record of Rights (RTC) pahani 9 W.P.60309/2011 N.Sheshavataram Raviteja Guest House and Restaurant Sri.N.Seshava taram From 25/01/2002 to 31/03/2003 R.S.No.44/A 17 guntas of dry lands growing mango and coconut crops Record of Rights (RTC) pahani i) Sy.No.44/A 3 guntas of dry land with mango and coconut trees 10 W.P.60310/2011 N.Venkataramana Boby Guest House and Restaurant Sri.Venkata ramana From 23/01/2002 to 31/03/2002 ii) Sy.No.47/B 2 acres 17 guntas out of 4 acres 34 guntas Record of Rights (RTC) pahani 11 W.P.60311/2011 Smt.Saraswatamma Raju Guest house and Restaurant Sri.S.Venkataram araju From 25/05/2001 to 31/03/2003 Panchayat Plot No.44/A 3 guntas – Plot No. 51 (50’ x 65’) Registered sale deed dated 13/04/1998 12 W.P.60312/2011 Smt.Saraswati Sri Krishna Coffee House and Restaurant Smt.M.Saraswati From 01/04/2002 to 31/03/2003 Sy.No. 41/A 4 guntas from out of 20 guntas remaining after 1 acres 20 guntas from out of 2 acres Registered sale deed dated 18/04/2001 13 W.P.60313/2011 Smt. R.V.Padmavathi Umashankar Hotel and Restaurant R.V.Padmavathi From 01/04/2002 to 31/03/2003 R.S.No.43/3 4 guntas out of 1 acre 20 guntas of agricultural wet lands Registered sale deed dated 26/03/1996

82 (1) (2) (3) (4) (5) (6) (7) (8) 14 W.P.60314/2011 Sri. K.Venkatasubbarao Manjus Corner Hotel K.V.Subbarao From 04/12/2001 to 31/03/2003 Sy.No.47/B/P1 1 acre 20 guntas growing wheat crop Record of Rights (RTC) pahani

15 W.P.60315/2011 Smt. Sharmila Noronha Goan Corner Smt.Sharmila From 04/12/2001 to 31/03/2003 Sy.No.47/B 20 guntas out of 1 acre 6 guntas of agricultural dry lands Registered sale deed dated 09/05/2001

STATUTES REFERRED:

84 NOTIFICATION UNDER ‘STATE ACT’:

85 “ All the ancient monuments (excluding 56 monuments already protected by the Archaeological survey of India as per list enclosed and shown in Map-B in the area are included for protection.” RELEVANT PROVISIONS OF ‘STATE ACT’:

Power of Government to declare archaeological site and remains to be protected area:- (1) Where the Government is of opinion that any archaeological site and remains should be declared as a protected area, it may, by notification in the Official Gazette, give two months’ notice of its intention to declare such archaeological site and remains to be a protected area, and a copy of every such notification shall be affixed in a conspicuous place near the site and remains. (2) Any person interested in any such archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the archaeological site and remains to be protected area. (3) On the expiry of the said period of two months, the Government may, after considering the objections, if

86 any, received by it, declare by notification in the Official Gazette, the archaeological site and remains to be a protected area. (4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the archaeological site and remains to which it relates is a protected area for the purposes of this Act.

Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface. (2) The Government may, by order, direct that any building constructed by any person within a protected area in

87 contravention of the provisions of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the Deputy Commissioner may cause the building to be removed and the person shall be liable to pay the cost of such removal.

88 to use for cultivation only in the light of the proviso to subsection (1) of Section 20.

90 for commercial activity, in the nature of hotel/restaurant/guest house. Although petitioner in W.P.60275/2011 has placed on record copies of three building plans with signature and designation as the President of the Grama Panchayat of Anegundi, nevertheless in the teeth of subsection (1) of Section 20 of the ‘State Act’, such panchayat not being the Government had no authority to accord sanction to the building plans. Moreover, Sri.A.G.Shivanna, learned Addl. Advocate General fairly submits that under the Karnataka Panchayat Raj Act, 1993, the Rules framed thereunder, none of the panchayats in the State of Karnataka have formulated Building byelaws requiring prior approval of the State. If that is so, then the alleged permission/sanction of the said building is one without authority of law. More over in the absence of a licence for such construction by the Panchayat, the buildings do not qualify for a consideration over their legality.

91 land, the question of legality of issue of licences to carry on business of hotel/restaurant/guest house by the Village Panchayat, Anegundi, allegedly in favour of petitioners or others, exfacie must be answered in the negative holding that the licences are illegal. Yet again on facts what is palpably noticeable is that the licences issued for the period from 2001 to 2003 except in W.P.60279/2011 for a period upto 31.3.2011, are neither renewed nor in force as on date. It is useful to observe that the request of the Secretary, Gram Panchayat, Anegundi based upon the representations of the petitioners for renewal of the trade licence and in some cases for permission to repair the buildings in Virupapura Gaddi, when considered by ‘HWHAM Authority ’ was deferred.

92 constitute legal sanction for the petitioners to put up construction of thatched roof huts, buildings, etc., on agricultural lands and to carry on commercial activity in Virupapura Gaddi is noticed only to be rejected.

‘HWHAMA ACT’ :

93 development and commercial exploitation of the area while sustained development conducive to the above objectives is yet another reason for the constitution of the said Authority.

‘Heritage Area’ is defined under Section 2(1)(l) thus: “ means the whole of the area comprising the Core Area Zone, Buffer Zone and Peripheral Zones, but excluding the area referred to as ‘protected area’ under the Ancient Monuments and Historical sites and Remains Act, 1958 (Central Act 24 of 1958).

‘National environs’ is defined under Section 2(1)(o) thus:

94 “includes the rivers, river beds, rocks, water sources, wild life and vegetation located in the Heritage Area.”

Section 14 runs thus: “14. No other Authority or person to undertake development without permission of the Authority:- (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no other Authority or person shall undertake any development within the Heritage Area, of the types as the Authority may from time to time specify by notification published in the Official Gazette.

(2) No local Authority shall grant permission for any development referred to in sub-section (1), within the Heritage Area, unless the Authority has granted permission for such development.

(3) Any Authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development.

(4) The Authority may, after making such inquiry as it deems necessary grant such permission without or with

95 such conditions, as it may deem fit, to impose or refuse to grant such permission.

(5) Any Authority or person aggrieved by the decision of the Authority under sub-section (4) may, within thirty days from the date of the decision appeal against such decision to the State Government, whose decision thereon shall be final: Provided that, where the aggrieved Authority submitting such appeal is under the administrative control of the Central Government, the appeal shall be decided by the State Government, after consultation with the Central Government.

(6) In case any person or Authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5), the Authority shall have power to pull down, demolish or remove any development under taken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or Authority concerned.”

96 planning area declared under Section 4(A) of the Karnataka Town and Country Planning Act, 1961 is the ‘Heritage Area’, measuring 236.46 sq.kms comprising of 29 revenue villages of which 14 are from Hospet taluk and 15 from Gangavati taluk, while the ‘core zone’ measures 41.8 sq.kms which is protected by buffer and peripheral zone. The ‘HWHAM Authority ’ submitted the Master Plan (provisional) to the Government which was approved on 14.5.2007 and a gazette notification published on 12.7.2007 inviting objections whereafterwards objections were considered and in the meeting dated 30.11.2007 a report along with maps and zonal regulations were prepared by ‘HWHAM Authority ’ for final approval. The ‘HWHAM Authority ’ declared the core zone on the basis of the declaration dated 22.10.1988 under the ‘State Act’ in respect of ‘protected area’ which included 8 villages of Hospet taluk and 2 villages of Gangavati taluk. Virupapura Gaddi amongst others in Gangavati taluk were notified as Heritage area or the local planning area of Hampi. Although regualation for development of villages was provided for in the Master Plan 2021,

97 nevertheless no development plan was made for Virupapura Gaddi since Virupapura Gaddi, admittedly, is a river island and an area of ‘special control’ under the regulations, whereunder clause (f) of regulation (2) states thus: “(f) No development is permitted in eco-sensitive areas like river islands, tank bed areas, rocky outcrop, hillocks and forest areas.”

(i) contains remnants of aqueducts, channels for drawing water though it is river island;

ii) demonstrates medieval agricultural practices;

iii) known as ‘Rishi Mukha’ associated with ancient mythology of Ramayan;

iv) existence of old ‘mantaps’;

v) has buffer zone of 100 mtrs from the river bed, demarcated as river protection zone in the Master Plan, to protect ecological sensitivity;

98 vi) being a river island is at a distance of 300 mtrs from Virupaksha Temple, more than 1000 years old, with a clear visual link between the two;

vii) has ancient agricultural practices;

and in order to preserve ecological balance and scenic beauty.

99 rejected, regard being had to the fact that at the very inception the construction of pucca buildings and thatched roof huts on agricultural lands after the notification dated 22.10.1988 under the ‘State Act’, since not challenged in any legal proceeding by the petitioners would be an academic exercise.

100 ii) existence of remnants of acqueducts as channel constructed to bring water from Anegundi to Virupapura Gaddi, a river island despite surrounded by river being of archaeological significance, as stated in the statement of objections of the 4th respondent which aspects are not in dispute.

101 to declare ‘janana mantap’ as a protected monument and surrounding area as ‘protected area’ under the Karnataka Ancient and Historical Monuments sites and Remains Act, 1961, on the allegation that the notification affected the right of the writ petitioners to enjoy their respective property.

102 Karnataka Panchayat Raj Act, 1993, regard being had to the penal provisions under Section 26 of the ‘State Act’ and Section 24 of the ‘HWHAMA Act’ , it is needless to state that the State Government and the Authorities should initiate overt action in that regard.

103 each case, in particular describing the date of purchase of the land by the petitioner, the date of conversion order if any obtained by the petitioner, the date of license if any given to the petitioner, as also such other details as may be relevant. 2. Having heard in extenso learned counsel for the petitioners and the respondents, all the petitions are dismissed and consequently, interim relief, if any, were surviving cannot continue. Detailed reasons shall be recorded and shall form part of this order.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

ln.