Karnataka High Court
Sri B Papanna vs The State Of Karnataka on 16 January, 2013
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 16th day of January, 2013
PRESENT
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.13261/2012 (KLR-CON-PIL)
BETWEEN
1. SRI B PAPANNA
S/O SRI BASAVARAJAPPA,
AGED ABOUT 34 YEARS
R/A KYADIGGERE
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
2. SRI H R GANGADHAR
S/O SRI RANGANATHAIAH
AGED ABOUT 40 YEARS
R/A NEAR GANAPATHI TEMPLE
P AND T QUARTERS, H L K ROAD
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
... PETITIONERS
(By SRI.NAGENDRA KUMAR & SRI.GANAPATHI BHAT, ADVS
FOR KUMAR & BHAT, ADVS. )
AND
1. THE STATE OF KARNATAKA
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE -560001
REPRESENTED BY ITS CHIEF SECRETARY
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA
2
3. THE COMMISSIONER
CHITRADURGA URBAN DEVELOPMENT AUTHORITY
CHITRADURGA DISTRICT
CHITRADURGA
4. THE DIRECTOR GENERAL
ARCHAEOLOGICAL SURVEY OF INDIA
JANPATH
NEW DELHI
5. THE SUPERINTENDING ARCHAEOLOGIST
ARCHAEOGICAL SURVEY OF INDIA
KENDRIYA SADAN
5TH FLOOR, F-WING
KORAMANGALA
BANGALORE CIRCLE
BANGALORE-560034
6. THE ARCHAEOLOGICAL SURVEY OF INDIA
KENDRIYA SADAN
5TH FLOOR, F-WING
KORAMANGALA
BANGALORE CIRCLE
BANGALORE-560034
7. THE PRINCIPAL SECRETARY/
COMPETENT AUTHORITY
KANNADA CULTURE AND INFORMATION
DEPARTMENT,
VIDHANA SOUDHA
BANGALORE-560001
8. SMT VIJAYA
W/O SRI G O GOPAL, MAJOR
C/O G.H.R. AND COMPANY
POST BOX NO.29, B D ROAD
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
9. SRI R JAYAPPA @ R JAYANNA
S/O LATE CHOWDIKE RAMAPPA, MAJOR
R/A 3RD BLOCK, NEHRU NAGAR
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
3
10. SMT GANGAMMA
W/O LATE GANESHAPPA, MAJOR
R/A 3RD BLOCK, NEHRU NAGAR
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
11. SRI C R SHAMANNA
S/O LATE CHOWDIKE RAMAPPA, MAJOR
R/A 3RD BLOCK, NEHRU NAGAR
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
12. SRI G H THIPPAREDDY
S/O SRI G HANUMANTHAREDDY, MAJOR
G.H.R COMPOUND, P B ROAD
CHITRADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA
... RESPONDENTS
(By Sri.R DEVDAS, AGA FOR R1, R2 & R7
SRI.R.S.RAVI, ADV. FOR R.3
SRI.D.N.NANJUNDAREDDY, SR. COUNSEL FOR
SRI.REUBEN JACOB, ADV. FOR R.8 to 12.
SRI.KALYAN BASAVARAJ, ASG FOR R.4 to 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ILLEGAL CONVERSION ORDER DATED 16.1.2009
IN RESPECT OF SY.NO.6/4 MEASURING 25 GUNTAS PASSED
BY THE 2ND RESPONDENT AS PER ANNEXURE-G DATED
18.5.2011 IN RESPECT OF SY.NO.6/5 MEASURING 34 GUNTAS
PASSED BY THE 2ND RESPONDENT AS PER ANNEXURE-H,
DATED 18.5.2011 IN RESPECT OF SY.NO.6/6 MEASURING 33
GUNTAS PASSED BY THE 2ND RESPONDENT AS PER
ANNEXURE-J, DATED 18.5.2011 IN RESPECT OF SY.NO.6/7
MEASURING 33 GUNTAS PASSED BY THE 2ND RESPONDENT
AS PER ANNEXURE-K, DATED 29.8.2011 IN RESPECT OF
SY.NO.6/9 MEASURING 17 GUNTAS PASSED BY THE 2ND
RESPONDENT AS PER ANNEXURE-L & ETC.,
4
THIS WRIT PETITION COMING ON FOR HEARING -
INTERLOCUTORY APPLICATION THIS DAY, ACTING CHIEF
JUSTICE MADE THE FOLLOWING:
ORDER
K.SREEDHAR RAO, Ag.C.J. (Oral) :
This Public Interest petition is filed to protect the Monuments at Chandravalli in Chitradurga District which is covered under the Ancient Monuments and Archeological Sites and Remains Act, 1958 (in short 'Act') and under the control of Archeological Survey of India. Respondent nos.8 to 12 owning agricultural lands have got them converted into non-agricultural lands for putting up residential houses. The petitioner contends that if residential houses are constructed, it would conflict with the object and purpose of the protection of Monuments under the Act. It is contended that upto 100 Mtrs. of Monuments is a 'Prohibited Zone' and 200 Mtrs. is the 'Regulated Zone' as envisaged under Sections 20-A and 20-B of the Ancient Monuments and Archaeological sites and Remains (amendment and Validation) Act, 2010 (No.10/2010). Insofar as the Prohibited Zone is concerned, there shall be no construction and in the 'Regulated Zone' construction may be permitted, however, with the permission of the competent authority who is respondent no.7. On complaint, Archeological Survey of India 5 has surveyed the lands in question and it has submitted in its Report that the lands in question are situated beyond 700 Mtrs. Therefore, the lands in question do not come within the Prohibited Zone or the Regulated Zone. In this view of the matter, there is no merit in the petition.
Accordingly, the petition is dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE mv