Karnataka High Court
The State Of Karnataka vs Sri Srikantadatta Narasimha Raja ... on 26 August, 2008
Bench: Deepak Verma, A.S.Bopanna
Ar. 6L.
26 3
IN THE HIGH COURT OF V "i i T T
DATED THIS THE a€'bAY oF *.ajjaus'1'T : "
PREs::2z§fj*. M J
THE HONBLE m?..._
' X &
THE HV01§ 'BLE
V _
WRIT APPE}3_.L ;-2903 AND 5919/2003
W.A.No. 5546
L' *z=Hf£«:'s1*A{t'E;.'05f'3;aRNATAKA
RE€.BY~n's,cH;EF SECRETARY
BANGALOREEQ1
2~ THfiSECRE'fARY meow
.- KANNADA AND CIJLTURE DEF'?
' V? M.<&3.§U1LDiNG, BANGALORFA
% "THE'bxREcT0R DEPT OF ARCHAEOLOGY
'» ;§?srs: BASAVARAJ KAREDDY, HCGA)
~ MYSORE PALACE COMPOUND
' ..-fviYSORE
...APPELLAl'I'l'S
J2
AND:
coum' AcT%'PRAi1ué' sérr 'ASiDE*'I'VHE omen PASSED nu
ma Zgypxtzoo/2eo1...nATEn 3-5-2003
V. 11 op' KA§r~'lA'£?£xA
A % 'REPTD/_ B'! we cmsrr sacmrranr
* --!31_M*-I.§'&=iI_;s2>3E' O01
i;>- AV"%%sEciRn?;?r.;uéfs'%?ro GOVERNMENT
._KA.NNz'%D& AND CULTURE DEPARTMENT
M.S.BUILDIN=G, DR AMBEDKAR VEEDHI
' " E-1
'J DIRECTOR DEPAR'I'MENT or ARCHAEOLOGY
' ~.y,¥soRE PALACE courouun
MYSORE
r APPELLANPS
4: , {By 811' : BASAVARAJ KAREDDY, HCGA)
L
"A
AND:
1 M srenmrramn
s/0 LATE R MALLAPPA .
55 ms, : crzoss
BRAMARAEEA EXTN %
CHAMARA.}ANAGAR--571 31.3
2 VARADARAJU _ x
s/0 LATE G VENKATAswAs:5A? H_Am=:3;.
KANAN AGRO AGEN_C&ES--. 2 '-- =
65YRS,SO$\dF'aWARAPET".: %
cHAMARmANt.'GAi2_-s?}1"313'
3 VPRABILKKARA." . "
S/O LATE G.VEéé;KATA$wA24i'«
ARJL'FNAG.El\FCIES::-I ' '
5oY;§s,BIG'BAz5R.s1*:2_E'ET -- .
PALACE 'aUELz:;1H::., ci1AM.5R,aJANAcaR-571 313
RESPONDENTS
{By st: ; P €xHANKAR,$R. ¢ouNsEL 1 A firms ~AI>:>EAi;'1--s FILED (1/8 4 OF' THE KARNATAKA man COf}.R'F._?.f\C'i'~.PF:'AY!N'G~"TO SET ASIDE THE ORDER PASSED IN THE '-- WRIT ' NOS.25928--25930/2001 DATED T fag "STATE OF KARNATAKA REP BY ITS CHIEF' SEC?
VIDHANA SOUDHA, BANGALOREI é THE PRINCEPAL SECRETARY : H » DEPT OF' HOUSING & URBAN l3EVELOPMEN'l"
am noon, M s BLDNG, V1DH.&NA1V':1EDH'i._ _ BANGALORE4 V THE SECRETARY . _ KANNADA as CULTURE _ --- fig
-mt FLOOR, M s BLDNG, w.I;aH.ANA"azggDH1 BANGALORBPI V _ .
THE DIRECTOR OF ARCHAELOGY--«..v ' #401B,GANDH1COL€)NY =_ v_ 'V "
LAKSHMI .BLp:*:G, x;{osPEf£'~5a32:}3, BELL.ARY?'DI'.S?}"V'V _ ' THE REG1s;T"EIAR"* » _ '_ KARANATAKA 'i:~'2KA::Ui£_rHA, .. , MS 3u'tw.tNa,i";V ' _ vmnma vuetsnm, % BANGALORE.
APPELLANTS _ \V _ (By HGGA 1 A *-._M SRII€fi;NTAIAH s/0 LATE R MALLAPPA 1 (mass, BR.'3l.':iARAI\BA F.X'I'ENSION, V " = Cu?-HAMARAJANAGAR 5?: 313. V V' PRABHAKAR s/o 1:1' G VENKA'I'h$EIAM'1" xww R/A PALACE BLDNG CHAMARAJNAGAR 571 313 C L NAGARATHNA RAJU S/O LT C H NAGANNA R/O OPP SRINIVAS HOTEL DOUBLE ROAQ, CHAMARAJANA('.i*\R 5'7} 313 is 10 ~ 4 K L ANANTHA smzmr s/0 ', R/A LATHA COFFEE CENTER _ DEVARAJ was ROAD, msoas 5 c V mcmma snmw s/is G VERKATA; R[A B R HILLS RD, CHAMARAJNAGAR .
5 c M BASAVARMAIAHis/o:L'ri.R; 12;». macaw. amass t % PALACE BLDNG, CHfs2&.Aij%AJ'HA'{§°sR v_ 'V " - % 7 vARADAR%AJi';:Tvs1o,i:r Vsufizxrhswmv mum R/A BHUV!«.NE€$I-¥¥.HAR§ CIRC:LE,"
cHAMAR.xjA1xvggAR_ 521' 313.. , R/A KARAN AG£§NC{Ef3, V. Bauvaussnwaai-c1Rc:L.E;~-- --. CHAMARAJENAGAR -$5713 c JAGA.-DlS_H-- s]<:2.::r_ éugafiavswaamn c s..s£191s:J S/C; SGMASIIEKAR " ..R/gwceil muss # 97;"
K H ;~-C'HA§flARAJANA('fiR 571 313 X *3 v-Tv2v:%rw".r::z§_P2;i;% Rho s/0 LT varcxxm mo Vi-2RIE'l"Y CEETFEE, PAIACE BL3}iG, CHAMARAJANACEER _ "THE COMMISSIONER 'V C? ANAGAR, RAMASAMUDRA DEVELOPMENT AUTHORITY. DEVAMMA COMPLEX, " SA%N'}'HE MARALIJ CIRCLE,
-GHAMARAJANACEAR 571 313. THE COMMISSIONER CITY MUNICIPALITY COUNCIL, }a F-
: , (By Sm: in P seam sum:-my, ADV.) MASJID ROAD, CHAMARAJANAGAR 571 313.
13 JANANDOLANA HORATA .
DEIVANGA STREET, 'L ' CHAMARAJANAGAR, BY ITS SECRETARY.
14 JILLA JANANBOLANA H<>RA'msA1u1rrHz__ M BY SANGATANA SECRETARY,'-._ gonna HARIJAN -A RAMASAMUDRA, %-- --_ % DIST: CMMARAJANAIRAR.' % CHAMARAJANAGAR571313, V' 'V %. RESPONDENFS (By Sri .- s P f$Hf{§éi§RR'§-..$R;"{$OUi'iS'}Ei; Sana R1-10 Sri : M. Asw.a'rg_wA.mvm.e. Agsngav, ADV. mm 12-13 & 14 ; Tiezzs £aPP§§A L'ii%.:'F1!;EE'i3«lS 4 0:? ma: KARNATAKA men COURT' ACT PRAYING.:TO"SE"F.fiSIDE THE ORDER PASSED IN THE WRIT PE'fl'fiON'h_IOS.2?{I,38-47/2002 DATED 03/06/2003. *1 " .;me.u1>0m'HA HORATA saurmx . '--..DEVA!i€'A'S'PREET, ' cmmamwacmn '-3? we -mamsxnsm " ~ '2.A _ JILLa JANANDOLANA HORATA saumn V. ' "BY ITS SANGATANA SECRETARY = i}0DDA HARIJAN STREET RAMASAMUDRA. CHAMARAJNAGAR 571.313 APPELLANTS 1:
Laezmm STATE OF KARNKFAKA BY ITS CHIEF SECRETARY VID}-IANA SOUDHA BANGALORE-01 PRINCIPAL SECRETARY DEPTOF HOUSING AND URBAN DEVELOPMENT, IH FLOOR, M.S.BUILDING, BANGALO3'RE4f}.} SECRETARY T0 GOVERNMEEE KANNADA AND CULTEJRE l}Ei*"&E'§'MEl$f!' IV moon, M.s.Bu1Lp:HG,«_BAg:<;A1;>RE+; 1:>EPARTMEhrr~Q£s',ARQHs30LoGY No.40}, GANi';)Hf" CQLOHY IAKSHMI BLIJLDINGS ~ ~' HOSPET 203 ' v .. '}"H,i:'. 'ACGBXMISSIONER 'cHA:gmRA;JA;HAGAR m'MA;--3AMui>RA DEVELOPMENT AUTHORFIY 7 "DEvAM3gAT"coMPLEx CIRCLE c1»iAa;ARe.JANAGAR 571 313 ' 'T'--THENCOMQJISSIONER
- cm MUNICIPAL COUNCIL MASJID ROAD CHAMARAJNAGAR 571 313 KARNATAKA LOKAYUKTHA BY ITS REGISTRAR M.S.BUILD1NG, BANGALOREJJI J:
I0 11 M SRIKANTAIAH 3,10. LATE R MALAPPA AGED 66, 1 cnoss, BRAMARAMBA EX','1'ENSEO.E€ % 4_ CHAMARAJNAGAR 5?: 31:5, fi_ V PRABHAKARA s/ourrs G PALACE BUILDING,'=--. _ _ V CHAMARAJNAGAR 571 ;_a13=--. c L NAGARATHNA S/O.L.A'I'E"C K.!¥AC'J:~.vhI1€A"" ~ R/A.()E'P.SR!F§!VASP:._i!_OTEL-.3' DOUBLE Roan, "
cmmammggn $71__ 31:;
K11, -- .
S/'0.LAKSH_MA;AH'[SHE1'i'Z' R /A;!,.A'I'HA CQFFEE E-:EN'I'RE DEVARAJ was .RC1AI:> . M SE-;'%"'lY s/o.urr:=; G vsmarra snmw ' ~ .,R;.g.'3.R;%,1-m,_Ls ROAD CHAMARA.JA§¢AGAR 13 nJ.BA$§m}ARAJmAH 491(1). LATE R MALLAPPA Rxafiwacuua STORES PALACE BUILDING, A' ' «GHAMARAJANAGAR
- 1%;
VARADARMU S] OLATE G VENKATA$WA.HY NAIBU R/A.KANAN AGENCXES BHUVANESHWARI CIRCLE CHAMARAJNACRR 571 313 A 4- I!'
15 c JAGADESH S/0.LA'i'E CHANNAVEERAIAH R/A.MiG--lI, NO. 195, 1 ' Housme BOARD comm CHAMARMANAGAR 571 313 16 CSSATISH s/0 SOMASHEKHAR R/A we 4:2, HOUSE N0. 9 --- ; K H B COLONY,CHA.Ma\RA.J2'~;F1'A(3&.i2-»r 571 313. 17 S.V.VENUGOPAL Rm' _ A S/ONDVENKATA RAG;
vaaxmv camms, PALACE BUi{.DiNG "
.. . RESPONDENTS (By Sri : BASAVARELJ KA,HEDj;>Y, HCGA FOR 121-4 as 7 SR! A v GANGA£)ErIAi~?AP'?A, ADV. FOR R-5 s:§2:"s.n;z*1sH as VDODDAMANI, ADV. FOR R-6 [SR1;S:P..V+SPIANKA£2--,--«SR. COIJQSEL FOR 353 TO 17} ' "v1fHvxS'A}=r{Ep.L IS FILED {US 4 0? THE KARNATAKA men c:*.c':as:J-Err ACT, Famine TO SET ASIDE THE oreossz PASSED [H THE wRrr'Ij--- ;PI«:'rmoN N0s.27o3s-27047/2002 DATED _ appcalshavingheen1eacrvedibro1dem,coming VA 'XL_'ofiV Vfér' pmnouncemcnt this day, 30PAHH$.J., pronounced J2 'r in this batch of writ W25' ' out of W.P.No.34400/G1, ma '«--!§o.5t§f§4]O3 of W.P.Nos.2S928-30/2001, WA:.2§a.5f743)e31 : WA No.5919/D3 arise out The that three appeals aaaby thcA,Sfli_t;:. in the mspectivc the abave noted appeal is in the Writ Petition noted T' Vthc seqlmcac mcntioncd above ta)? Sr: Nazaaimha Raja Wodcyar, who _the' _ci--f 'dang Maznlapa', fine '~ buikiings as wcfl as vat aims common gram ofai! the pet|13onc' ' rs notification dechzing the 'Jmma pmtrclnd monument, the surmnndlng mm m and also the cons-eaqucntial order of the and cndomcmcnt of Munidmal Council since the " have cfictaed the right in cnjaymcnt of their respective A property. Conaidcriaug that on similar set of facts, common J;
1 questions :31' law was to be the "' 'V Judge considered and disposed common order datnd 03.06.2603, of the kmed Singb Judge is in , the same are by us, by this common order.
2- to mm W panda: 17::-__ Wodcym' IX in 1774? A.r._>. mhcr than the ancestor of the pctiu7oz:1er i;1 The said structlzzm is known as 'Jargana an area of 35' X 29' mi is . ~fl_;c of c Tmm MumcIpal' ' af Kmnataka cxercisfmg the power unciAe:r__V of the Katnatakn Anc1en' t md Historical' and Archaeologcal Sites md Rcmains Act, 1962 rermad m as the 'Act' fir short) declared the 3 'Janana Mantapa' m a pmtnchsd montfit mmally' ' ' V finder a notification dated 15.4.1997, which was questioned befirze this Court in W.P.Ne.26503/1997. The learned Sing]:
J! 1 12 Judgs of this Court. by order dated 21.7.1999, A' nct1fica' tion and I'¢36IVCd the liberty to " V' in accordance with law. 'rmeam , "
Kamataka issued a nofification Section 4(1) of the Act. thezfita. dated 11.6.2001 under Spction the 331111': to be a ga eonsoqmznce, notification dated.v1B.6.2GG1. m ama Incasufmg I00 the 'Janana Maniapéé? as 'Prvtnctcd area su8p=ndm' 3 certain' 1;): "offie pmpeny by ammml pnva' tn V €}'§l7I1£'1'I".{S' the said time. As a sequel to the
1. * complaints, the Lemyukma by order claims} I the m , City Municipal _ pexmitting constructions in the 'pwotnctcd in obedience, the cndoracwt dated 18.5.2002 V' 'I'l1emfo:nc the above stafl s, order and cndcrseaacnt were assafled by the respective pctitioncrs J2 and by way of amendment the Act No.7/1962 was ., be struck dmvn as being void and V' lfianled Single Judge though did not: A' Icgaxding the constitutional the contentions put ferth on ."th__e quashed the impugned which has nesultred in » .. Advocatctwhilc dated 03.06.2003 passed in t1ac_wn': 't ed that the perusal of the order Single Judge has pzocecdod the question of the birth place not be-11.--' t jilngaortattwc cannot be the ground te quash notiitcation since the place need not he of national A ' cc for doclarm g the SBZIIIC as ptotnctrsd monumt the Act sin-:3: the: object of the Act xtscif' is for 4" pncsclvafion of monuments which an 311011511' 1:, hist1n'1m%' etc, but other thm those docked to be ofnatfimal importance 1,:
by Ccntra} Act. It is eonhanded J "
same is not of namnal' declared as pruhecibd monm'-.I1__cnt i1rV requirement of Section 2(1) pf if the pmcedum as 4 Aooozd1n' g to the 'fldvoeam, flit: 1937' stands testimony Raja Wade-ym' IX in 1774 A.Ln.srong%,;,§' "the paintings therein is also m1chac:olog1cafly' mu! also ancient having been aoooxdmce with hw. No doubt it 'm propaty but Section 13 of the Act é which is a subsequent proocsdmn A Asugch the obscuration of the kemncd Snglc Judge '31 x1'*§:gazd is not justified according to the learned "'4:vV:(}bi:rcmmcnt Advocate. In so fm' as that: chaficngc to the '4 «constitutional validity, it is submitted that the same has L 'Jar withstood the Inst of time and would notmg1'"1sc a_!:"tl2i§: _ .4 It is also oonlznded that the learned adveflnd to thc am and as such___.at "it u remitted for oonside.-ration Sn' appcnanta in the and 9 at the Writ Petition, by the
4. learned senior counsel 1253* not only sought to susmm fisf Single Judge but also cxmmdcd consul' er the ocmmntions 131306' in atfackiilg .«t.Ii§::'i._?;*§;c>V113t:itI1t1oz1a" 1 mm ity of the Act. In em». senior ooun-sci toe}: us thmugh Entry 67 and Entry 40 in List m of Schedule VI} to the
--. oflndia to csozmmd mat it is only the t " has the competence to bps' }atc in miafian m Arman" t 'and histmicai monuments, while the kagablaturc has the is competence only in Inspect of Am sitcs. detailed contentions in this mgani would be: an appropriate stage, if found necessary. On " ~ aspact: of the matter, the icamed V "' that the place called as 'Janam _ 7h:.?em ny :'3'h31e wand and cannot mliatc to the 'bf Wodcyar IX. The book of Amhmlogr mlating to of Mysoie would refer m thegurac royal may and thcicfme born in the imfiy. In that conte'x".*,'_' the table would indicatc that mm adopted and his period efmle which would indicau: that rciation to the bith place which is now _ sougigt m a pmtectacd monument cmzmot be the same is not conclusive with mgani to its OI' archaeologkral iaxpormoe. Lcaxncd senior V cap.I.§nsc1 would furmcr refer to the cariicr mt gm' gs the notification was quashed. While moonsidexing (ck L 9:
acres would be covered by the son); K 2 indicated by the Town Dam}op333cof:.AI3fi1r;iify._oin{i' from out of the tow] cxtcnfof Chamarajmagm" Tmm, if an as protected area, the be counter productive but pxnpcttyv righm of several 300-A of the Constitixtioniof contention urged on behalf of the gave-mm" 4% present declaration there is a --' V'V ' "the: property, the lctntncd sumo' r counsel fiat section 13 xefirmd to by defined under Section 2410) of the '-._.Act some does not apply in profited mm is dgfim in Section 2(9) of the Act. The mum thcrefioxe contends that not only the order of Single Judge is to be upheld but the Act iéaclf I9
5. Bcibrc cmming the though the learned constitutional validity of the being open for our of m of the View the Act need not be bu'; only if it there mean he a pmsumvti°#% 'kc or the me. Hczwq would pxcfir m advert in the """ "to exmminc as to whc-fl:cr_thc and endorsement filed' would mama 1 scrutiny even mfllm' ' the sweat d' the it. Qtgafids and only the-Iwficrifthc appellants are able "us on this fit ofthe matter, than the qucstian ofthc Act in the backgmund of the compemnvcc 1:
exmmw the susflz-1' bility 4' ' order to come to a Single Judge was justified $5» the impugned order. Even though the learned senior mapondcnia has referred to itaja Wodeym" IX and the curse which had hcfallcn the that ctnna Raja Wodcyar we: do not wish to qumfion the since the amt! ml: be véhgst rczndefnzg any &d'mg 63;' amount to mwriting lfmtoxy or which may have fen" x-caching that new' of the matter, WI: would accept it sums and fitam that sinndpom t is the notifications, orders and m whether the isauc of me same is gnaw is even it I '1 certain of the facts exist In this age' "
the learned Govcmmcnt Advocate, oE:3ec:tA ':65; would indicate that an declmimug__fl1c ale > a pmtecmd monument, the be of this ip. {mm mm' the older of the this aspect of the mattar Single Judge has stamd that the V t is not ofnahond' impolmoe and ti-fa person cannot be of national' of thc mathzr would aha while the question of pmteclnd arm: and th¢'»xni"I"°' "' aequiaifion is to be coma' and unda- ¢ 2;1f:fVthcAct.
Be that as it may, on the aspect of the wand Judge coming to the conclusion that the notificatirm not satisfy the mqtmmcnts of Sectim 2(1) and 2(3) of thcAct, itwoukibcnoccssazyforustonofiecthccon-tnnmof
4. the smd pxnvm ' 3 wins' 11 is c.-xtracmd hcmm" bclcaw-
"Section" 2(1): 'Ancient * 7 .
any structure erccficrn any tumulus or place of I monolith, is which has than 5} thf: of" ancient
'the sim'c§f.a_ii'«an4:Ic2. 4.: monument; site cf monmncnt 5 may 1 E? y means of access to, aid " V convenient inspection osfi an ancient .. H monument;
but shafl not Emcludc mcient and historical monuments deemed by or :.mdc:rlawma:icbyParliamentmhc of
3..
(3) 'Archaeological site and = V xrncans any area which -., .
xeasonahly believed to _ 6% 'A relics of hisfmical V;
imporflmct: which fin' net less than mC1udcS_ R' £1 % or» x ~ ¢ mas?" for in 0..
I ____ .4 mam;
" 4' of, the . to be called an 'amxicnt montmt', nature indicamd in the above pmvm1on' ' V V .whic1'1""i.=s histonkial, m or artistic inmmst. 'archaeologoal aitz: and zemms' the me x an ama which oonta'ms ruins or mfim ofhistorical V VT importance. In either case, the same "sl1ould have been in existence fiornot icss than 106 ymn. Jz 4 The power of the government to declare to be protected montmzcnts is Scctxo' 314(1) cftlw Act and a1m:"%%vLru1mwmg%% " V final notification under to be issued by way of dwm§fion§%% 19(1) and 19(3) of mm Act amass.
In the mm; ' is an to whether the add pmvB1na' ' s tfixcsfion would manner the rot!'-"W". F*-"'*1'€nf® T¢i'3'Vm 't "us. whati.-mnponan' tto ''''' imclf is. mouwh ems: 6&9 of 2 would mdmi' 4: the 1equmtc' ' .¢_:§t;nt of 4- 200 meters is not hmiuded as such me in cam: since the notification dam 15.6.2091 is the cxIz:ntof22.6 X 16.8 mtrs, which alone would be £ 6 this counwould have tobc ¢an._tieu; But what is evident Tn that the 1352001 is neither under 19" ér the Act but under Ru1e_12 my that the tahlct on the W ofbinia as 1774 5.9. mt! oonst111ct:'ibn_'of Vt in 1826, the fact flat it Ira Tc: asp' " um. Howevcr the qumtitm would be as an as and artistic impozmcc so daclare _ thcAsamc' momnnaent' m nscmt as in the y'a- fimt instance in 1997) and m to whether the , ' x ».(..!Q¢eclau:d' as pxntncmd area would satisfy' that it is V site and mmajns". The pcmnal of the » dated 35.6.2001 (Annczxuze-G in W.P.No.34400/01) wouid indicate that me purpose of the J ..r' C nofica' than is to declare the place mentioned' in which is the Qiacc ofbixth of chma'Raja as Chamarajanagar. <:.1umma3'amagaw'D& "
in a notification datnd under Sactien 4(1) of the, states that the objection filed have been considered. vcstad under Section 4(3) .,»..§.:~. V % Karnataka has decxamza th'e, ' % tea in the bhth fig of magma Raggg in the schedule as am 'iii; schedule further . ' that " "E-he gaadgg giant: ofchama Raja Wodcyar IX oolzm siatr.-s that the harm' is daiacd 1.3;1§74V. birth panda] was built in 1826. Even "f .«, though" am the ccmuznts of the notiasmtaan, no omcr except the annual report cf ' survey < published in 1912 and the annual mpmt of the A1chaeobg'cal Department of University of Mysore fin' thc year 1937 produced in that writ proceedings dong J J 'U 27 with' the memo dated 17.12.2062, have been mlicd ,' of the Government to justify their smut! in conclusion that the place is of k V' 31133' tic imponmlcc. That apart ncfzmfl natun: of considemtian of and of * L' the decision making prpoess " is mlzind on. That being' perused the archacolognca' I xcport. W cnsive report and we find that the same manage to the 'dmfi Manmpg' ma"ds fc'$.1bws:
_ 'Icy-mm as 'Janana Hantapa', emu to A the bath in AD. 1774 ofauma Rqia i j§1£!'ier of Ktishna Raja Odeyar M at 'A _ "Afimm&,Amefammmmof hasa on the was and a AA _ jlowaérgardenixzfmnt'
2 annual report of the year 1937' reads as undm:
' A(MR Tiuechcunarrgieszxnatenzgilearadtlae Jamznamantapawereinspected. The L 1?
stone ttzbIetinEnglish am-place ofcmfl " gz" 'egiem-.-! F 17¢:
17:2 paintings' ' % -to me refi Rcairirajesvw'-"~.~i#'='9t and WW mi so we %%%% A in Mm of one and is in a state 'Phc Advoeab stressed on the that the am wank! mam' ' the umcnt as the birth' ghee. In my made hyus supra to the contents % 'iofflxgirngzsugiacd notification would indicatc that the same A % birth glaoc, obviously to ocntcmi that me hum' of Raja Wodcym IX had occurred at that place and therefore it is hmonaaany important and the drawings L 0' II contained therein.' is of ants' tic value. If j " '* md the lcport of 1912 relied A' perused, it indicatns that commemorate the t_)_'_:r__t__y_ in as the hm glace and gr xééiinasmms that the monument was 1826 which would clearly #774 A1). when the birth is no cxmstrucfion therein thewaftcr is only in fin' the Government to &_§sub:§iI§nt§i§§§tc the birth also had oocuncd at the the place is ofhis1nrncal' ' is doclan-ad as 'pmmctnd momwt' 'Von a£e.%ha;is"#Vmat it is the place of birth and not as a u oammcmorating the birth. Since: the Icpoit of 'indicates that it has been built to fiamte the T the meaning of tin: word '% &' assumes D' importanstzc. The Chambers Dktionaty would stair: '$0
4.
honour the memory at' (a person or event; K to be a memorial to so-means or sibiinéfiiingf. dictionary would stair that it is a "
some past event, person etc.' further indicate that gig; Aqmwfin wm constructed nearly event as a menaorial of mi miier in 1774 A.D. mpart no where:
inclicatzcsg E at the very place or as was conatructcd only in «In fact this about! have also 1366!!" lfcfom issuing the Thus hen' .Vf;i:;..vothcr supportm g matcr:als' or even flncm consideration while amwmg the notificafiqgi; t;1rfieAmc1e compliance of Section 4 and 19 of the not be suficicnt and as rightly held by flue Single Judge the same does not satiaijr the % V' fg,-qimcmnt af Sectien 2(1) and 2(3) of the Act. A 1 fl which had been issued on 1s.4.199?'ha:.z this Court and libczty had been Iao consider the objections in aar:<xm:lV V law. Subsequent tha1=¢§to,_thc«..11c>1::§i"_fi.~¢'iti:);1 am' 26.8.2900 was issued under had filed their objgctjbng, petitioner in w.P.No.s;fhc';':sT.;;; of cm royal may the place ofbirth of apart, prior to the issue of the impugm@1 15.5.2001 under Section 4(3) Aci, bx"n-mar, Dimctomin of Antiquities and " ,1: by commlmm-a' lion dated 8.3.2001 Mzinistty of Kannada and Cukurc reasons as to why ii would not only be " ..;szfi}du::tivc but would not be pmucame an notify as V' . It was s stated that though ecrtm s have demanded for such a dcciaration, the .. : monu133cnt as we}! as the aura sur.rou11dm.g' it me in wave' E }2 ¢\ ownexship and the same is not ofany artistic .. is further stated in the Chamarajanagar was not a distxjct the same has been recently as we town has improved ma:~t3.~'._; if 300 meters radius is dficlalfldk paevent deveiopment 1:; and ease the acquisition c3f"i§ie_ huge expenditure and the i1' pubiic purpose. The cf the intexested persons not the 4 opinion expressed by the Damage, contained in Annexu1e--K to V. is not reflected from any of the mounds. the notificaticm suffcm farm mm- V Vv _ .of' 1nJnd' ' to the relevant facts befire exemzs' ing H H " fizmcicr Section 4 and 19 ofthe Act. 12.112 adsrIitiontofl:wabmrc,tmdenia]0fr7ghtto "enjoy the property of the petitioners not only due to L I?
declamtion of the 'Janana Manmpa' monument but also the smmlmdhtg to a radius of300 metals is also consirleration. Though t the V protected area is in the " i.c., in all 300 meters in worked out mathematically" area smmundmg. would be to the extent of the petitioners. '1'h'm Authority, by its communication dated one of the petitioners wherein it the 300 meters smmunding the , vuwould be 70 acres. Neither the sand' nor the calcuiation on this aspect 'a H H K Furth. err this large extent ofland is not established' a" 'Am site Md remain' 3' in terms of Section of the Act. If that be so, prevention of dcve:o@t t or "enjoyment of the property by the persona residing emd xi '1' canying on business in an exmnt of 70 .. V' the right available under V-thc V , India. Though the lcanwd V that the dcclarateon of flu: the protected area is the 'st§p%' can always mks 13 of the Act, a perusal of the saw does not as a but all that the " only if thc government apprehcnds is in danger of b-(mg taesupg-ég, mjmui; or allowed to fall into decay, it monument under the 8 of Act 1894 for me purpose of V Vt pubhic purpose. Therabre in so fir m the 9f pmptrtjr. the amt!' pmvzsaon' ' does not Ind' ma' E would be created in favmxr of the owner, the Vt wumozaztznt the structure is notified as protecm monument. in so fir as the pmtrzctcd area is concerned, the .-
4':
power to acquire is under Section 21 of the K sm7d provision, if the government of"I:h<:_ pmmcted ama contain' 3 an menu' t 2 of national interest and valué," Vétiéh' '' under the provisions of the 'Act, as if the acquisition wcro 8&6 pmviaion would in fact run forth by thc mm am me very hasisvt.ofvo?c}j§ to onstaifif the notification was that the power present Act nod not relate to the since the Cbntral Act would the ffowewr, Section 21 of the Act would V. of a protected axea under % "blue under this Act only E an enema' t monumént of interest and value. _'l'hercforc, in H of pmscnt case, since the area in question has as protected area even though it is not a' importance as admitted on behalf of the it would not be open for the: Government to I /.
contend that right of cnjoyzmcnt is not property could he acquimd T surrotmding the monument V' with the fact that on decxaanfiofiut théxazca. A A area, all dcvelopmcnt, should came to a with the restrictions as ccsatgmp1aba-- 'éo of the Act without '}"hcr%m in a €31' "all the govmnmcnt was interested in fiiatgzfifig. a.{r§.a'mc only option would have pgen to, in aoeomance with law afinr d't;1ly:? the ovmers and thcmaftcr ufiliaing the _ axed" alter declaring so. .4 u1.3__. in the present {new anti cixcumstanccs the notifications dated 16.3.2000, 15.6.2001, and the consequential oxdcrs dated 19.4.2002 endorsement dated 18.5.2002 are not sustainable and J2 'D7 37 as such the learned Single Judge was justificd in quashing the same. Consitlering this aspect of the matter we of the opinion that the oontnntions misad constitutional validity of the Act need not be -- pmsemt case md all contentions ' A to be eonsidcred in an appropriate
14. In that View of the in WA No.5546/2003, 5919/2003 am W01" 0*" .% - with no order to ardcr be mtainedin each ,\ Sd/-I Iudgé Sd/-I Judge