Hampi Buffer Zone: Karnataka High Court Quashes Demolition Notices After Owners Undertake Not To Carry Out Unlawful Commercial Activities

The single judge bench of Justice M.G.S. Kamal, sitting at Dharwad, disposed of the petitions, while noting that the petitioners should not carry out any commercial activity in the concerned lands, as specified in their own undertaking.

“…In the light of undertaking given by the counsel for the petitioners that the petitioners would not carry out any commercial activities, the impugned notices issued by the respondent No.3-the Commissioner, HWHAMA are hereby quashed…Petitioners shall make necessary applications before the concerned revenue authorities as well as the authorities under the HWHAMA Act, seeking necessary permission either for the purpose of construction or development of their respective lands or for carrying out any activity permissible under law thereon…”, the court noted in the order.

While ordering no precipitative action against the petitioners, the court clarified that if the petitioners violate the undertaking or any provision of the HWHAMA Act or other applicable regulations or rules, the authorities would be permitted to take necessary action.

The petitioners claimed to be the owners of the land situated in Sanapura and Hanumanahalli, supposedly falling within the buffer zone under the Hampi World Heritage Area Management Authority Act, 2002.

They were admittedly running guest houses and home stays for tourists visiting the historic Hampi site, and they had put up residing structures such as huts with thatched roofs.

The Commissioner of HWHAMA, issued notices later stating that the petitioners were carrying on commercial activities, in the nature of running resorts, without obtaining necessary permission or seeking change of land use.

The said notices called upon the petitioners to remove or demolish the structures within 24 hours. Aggrieved, the petitioners approached the High Court.

According to the petitioners, the communications were generated at the instance of R3- HWHAMA Commissioner, who had no authority to regulate the conduct or utilisation of the disputed lands. Even otherwise, no activity has been carried out in contravention of the HWHAMA Act by the petitioner, it was submitted. The petitioners reasoned that the utilisation of Farmhouses were not prohibited under the Act. The also produced NOC from the respondents earlier allegedly permitting certain construction for commercial activities and residential purposes.

According to the petitioners, the respondent authority was adopting a 'pick and choose methodology', while permitting certain other commercial activities within the core as well as prohibited zone, whereas the petitioners' establishments were solely in the buffer zone.

The petitioners, thereafter, made an undertaking not to carry out any commercial activities' contrary to the HWHAMA Act, its regulations, and Master Plan 2021, and expressed willingness to make necessary applications for permissions.

The Counsel for respondent HWHAMA submitted that the petitioners were admittedly carrying on commercial activities without obtaining any permission. Reliance was placed on Section 95 of the Karnataka Land Revenue Act, 1964, using which he contended that even if the petitioners had constructed farmhouses, they could only utilise them for personal use and could not let them out for commercial activities.

Referring to the definition of development under Section 14 of the HWHAMA Act, the respondent contended further that any person intending to put up construction in the specific zones must seek prior permission from the HWHAMA authority.

Finally, the respondents agreed to withhold the precipitative action since the petitioners undertook not to carry out any commercial activity further without requisite permissions.

The Court placed this submission on record. In the order, the court also noted that such applications seeking permission shall be filed by the petitioners within 15 days. Upon receipt of the applications, HWHAMA and revenue authorities are required to dispose them of within 60 days.