Karnataka High Court
H Bhuvaneshwari Aka Girijamma vs The State Of Karnataka on 8 June, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 08th DAY OF JUNE 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WP Nos.4657-4683/2012(LB-RES-PIL)
BETWEEN :
1 H BHUVANESHWARI AKA GIRIJAMMA
W/O H. KUBERAPPA
AGED ABOUT 52 YEARS
NO. 226/A, III WARD
HAMPI VILLAGE, HOSPET TALUK
BELLARY DISTRICT - 583239
2 SHIVAMMA
W/O LATE HANUMANTAPPA
AGED ABOUT 65 YEARS
NO. 211, III WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
3 VALI NIRMALA
W/O V NAGARAJ
AGED ABOUT 37 YEARS
NO. 210, III WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
2
4 V BASAVARAJ
S/O V PAMPAPATHI
AGED ABOUT 51 YEARS
NO. 209, III WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
5 V SHIVAKUMAR
S/O LATE V GANGADHARAPPA
AGED ABOUT 43 YEARS
NO. 229, III WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
6 V MURTHUNJAYA
S/O V PAMPAPATHI
AGED ABOUT 45 YEARS
NO. 208, III WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
7 Y NARAYANAMMA
W/O LATE YELLAMMARAJU
AGED ABOUT 60 YEARS
NO. 199, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
8 METI VIRUPAKSHAIAH
S/O LATE METI BASAPPA
AGED ABOUT 28 YEARS
NO. 232, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
3
9 NARASARAJU .A
S/O LATE ANATARAJU
AGED ABOUT 50 YEARS
NO. 173, KSHATRIYA STREET, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
10 K GUNDAPPA
S/O LATE YANADAIAH
AGED ABOUT 45 YEARS
NO. 167, KSHATRIYA STREET, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
11 V RAJESH
S/O V NAGARAJ
AGED ABOUT 25 YEARS
NO. 187, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
12 B BASANNA
S/O LATE DODDA SUNKAPPA
AGED ABOUT 65 YEARS
NO. 190, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
13 B LOKESH
S/O LATE DODDA SUNKAPPA
AGED ABOUT 45 YEARS
NO. 239, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
4
14 GANGAMMA
W/O B KOMARI
AGED ABOUT 40 YEARS
NO. 193/A, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
15 S V RUDRAMMA
W/O LATE VIRUPAKSHAPPA
AGED ABOUT 55 YEARS
NO. 177, KSHATRIYA STREET,, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
16 S V RUDRAMUNI
S/O LATE VIRUPAKSHAPPA
AGED ABOUT 30 YEARS
NO.178, RIVER ROAD,, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
17 R G NARASINGBAN SINGH
S/O LATE RAJARAM SINGH
AGED ABOUT 70 YEARS
NO.191, RIVER ROAD,, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
18 M SATYANARAYANACHARYA
S/O RANGACHARULU
AGED ABOUT 65 YEARS
NO.168, KSHATRIYA STREET, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
5
19 Y MAHALAKSHMI
W/O Y DEVENDRAPPA
AGED ABOUT 50 YEARS
NO.165, KSHATRIYA STREET, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
20 B YELLAMMA
W/O B GOVINDA
AGED ABOUT 40 YEARS
NO.198, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
21 C S SHARADAMMA
W/O LATE VENUGOPALRAO
AGED ABOUT 48 YEARS
NO.161, JANATA PLOT, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
22 S SRINIVAS RAJU
S/O NARAYANA RAJU
AGED ABOUT 37 YEARS
NO.161/A, JANATA PLOT, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
23 SARASWATAMMA
W/O S V RAJU
AGED ABOUT 50 YEARS
NO.206, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
6
24 B VENKATESH
S/O LATE BARIKERA BANDEPPA
AGED ABOUT 37 YEARS
NO.192, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
25 N G NAGARATNAMMA
W/O N G RAMAKRISHNA
AGED ABOUT 60 YEARS
NO.238, RIVER ROAD, II WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
26 H MALLESH
S/O H KUBERAPPA
AGED ABOUT 31 YEARS
NO.207, III WARD,
HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
27 V VIRUPAKSHA
S/O V GANGADHARA
AGED ABOUT 42 YEARS
III WARD, HAMPI VILLAGE,
HOSPET TALUK,
BELLARY DISTRICT - 583239
...PETITIONERS
( By Sri.VIKARS ROJIPURA, ADV. A/W
SRI.RAVAVARMA KUMAR, SR. COUNSEL FOR
M/S RAVIVARMA KUMAR ASSOCIATES )
AND :
1 THE STATE OF KARNATAKA
VIDHANA SOUDHA
DR. B R AMBEDKAR VIDHI
BANGALORE - 560001
REPRSENTED BY THE CHIEF SECRETARY
7
2 ARCHAEOLOGICAL SURVEY OF INDIA
5TH FLOOR, F WING
KENDRIYA SADAN, KORAMANGALA,
BANGALORE - 560034
REPRESENTD BY SUPERINTENDING
ARCHAEOLOGIST
3 HAMPI WORLD HERITAGE AREA
MANAGEMENT AUTHORITY (HWHAMA)
HOSPET TALUK
BELLARY DISTRICT
REPRESENTED BY THE COMMISSIONER
4 DEPUTY COMMISSIONER
BELLARY DISTRICT
BELLARY
5 DEPUTY COMMISSIONER
KOPPAL DISTRICT
KOPPAL
6 SECRETARY
GRAMA PANCHAYAT
HAMPI, HOSPET TALUK
BELLARY DISTRICT
...RESPONDENTS
( By Sri. R DEVDAS AGA FOR R1, R4 & R5
SRI.N.DEVHADAS, SR.COUNEL A/W
SMT.K.S.ANASUYA DEVI, ADVS. FOR R.2
SRI.P.S.MANJUNATHA, ADV. FOR R.3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRYAING TO REVIEW THE
ORDER DATED 12.12.2011 PASSED BY THIS COURT IN WP
NO.29843/2009 VIDE ANNEXURE-F AND DISMISSING THE SAID WP
NO.29843/2009 AND ET.,
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY,
THE CHIEF JUSTICE MADE THE FOLLOWING:
8
ORDER
VIKRAMAJIT SEN, C.J. (Oral) :
Sri.R.Devdas, learned AGA on instructions from Dr.Ashok D.B., Assistant Commissioner, Hospet, states that with immediate effect temporary relocation shall be permitted for the petitioners in Sy.No.120 of Malappanagudi village, Hospet Taluk, measuring 36.50 acres. The Archaeological Survey of India has no objection to the petitioners relocation in the said survey number and to their putting up temporary shops for selling wares. It is further stated that since an application is made for the conversion of the agricultural lands which the petitioners and some others intend to purchase in Sy.No.106/HI/2, measuring 5.92 acres and Sy.No.106/HI/3 measuring 2.41 acres, in all measuring 8.33 acres in Malappanagudi village, Hospet Taluk, due permission and orders shall be passed within 30 days and a maximum period of 45 days from today. HWHAMA will also accord its permission for change of land use in respect of these lands within in the said period of 45 days.
2. Learned counsel for the petitioners undertakes that the petitioners shall vacate the site within 30 days of the grant of permission /conversion orders etc., mentioned herein-above. 9
3. Learned counsel for HWHAMA further clarifies that the first instalment of compensation of Rs.65,000/- shall be paid to the petitioners on or before 20.06.2012 and the balance as soon as the alternate residential units are constructed upto lintel level.
4. Learned counsel for the petitioners submit that the construction of the house in Kaddirampura shall be completed and occupied within one year from today. In these circumstances, the writ petitions are disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv