Karnataka High Court
A Narayan Singh vs Hampi World Heritage Area Managemnet ... on 11 January, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-D:708
WP No. 104378 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 104378 OF 2022 (GM-RES)
BETWEEN:
A. NARAYAN SINGH,
AGED ABOUT 68 YEARS,
S/O. LATE A. NAGAMAL SINGH,
OCC: AGRICULTURE,
R/O. DOOR NO.233, 10TH WARD,
NEAR URAMMA TEMPLE,
KAMALAPUR-583221,
TQ: HOSAPETE, DIST: VIJAYANAGARA.
...PETITIONER
(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
HAMPI WORLD HERITAGE AREA
MANAGEMENT AUTHORITY, (HWHAMA)
OLD INSPECTION BUNGLOW,
HAMPI ROAD, KAMALAPUR-583221,
GIRIJA A
TQ: HOSAPETE, DIST: VIJAYANAGARA,
BYAHATTI REPRESENTED BY ITS COMMISSIONER.
Digitally
...RESPONDENT
signed by
GIRIJA A
(BY SRI. PRASHANT F. GOUDAR, ADVOCATE)
BYAHATTI
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE ANY APPROPRIATE WRIT, ORDER OR DIRECTION
INCLUDING A WRIT IN THE NATURE OF CERTIORARI
QUASHING THE IMPUGNED ENDORSEMENT DATED
16.11.2018 BEARING NO. HaViPaPraNiPra/Ho/08/2018-19/915
ADDRESSED BY THE RESPONDENT AUTHORITY TO THE
PETITIONER, VIDE ANNEXURE-K TO THE WRIT PETITION AND
ETC.
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NC: 2024:KHC-D:708
WP No. 104378 of 2022
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a) Issue any appropriate Writ, Order or Direction including a writ in the nature of Certiorari quashing the impugned endorsement dated 16.11.2018 bearing No. HaViPaPraNiPra/Ho/08/2018-19/915 addressed by the Respondent Authority to the Petitioner, vide Annexure-K to the Writ Petition.
b) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the Respondent to issue NOC for conversion of land from Agricultural to Residential purposes as sought by the Petitioner vide application dated 22.08.2011 which is produced herewith as Annexure-C.
c) To pass any other order under the facts and circumstances of the case in the interest of justice and equity.
2. The petitioner had approached the respondent for issuance of No Objection Certificate (NOC) in terms of Section 14 of the Hampi World Heritage Area Management Authority Act, 2002. Vide endorsement dated 16.11.2018 at Annexure-K, the said request has been rejected by the State Government on the -3- NC: 2024:KHC-D:708 WP No. 104378 of 2022 ground that the land comes within the core area, the access road is only 3.5 meters in width and that any construction would obstruct the view of the Virupaksha Temple in Hampi. It is aggrieved by the same, the petitioner is before this Court.
3. In furtherance of the 1972 UNESCO World Heritage Convention, certain areas have been declared as world heritage sites. It is in furtherance thereof that the Hampi World Heritage Area Management Authority has been constituted, requiring no objection from the said authority for any development in the lands coming under its jurisdiction. Apart there from, the zonal regulations of Hampi require various permissions including that from ASI, Archaeological Survey of India etc for development.
4. If at all the petitioner is aggrieved by refusal of the NOC sought for under Section 14 (1) of the Hampi World Heritage Management Authority Act, 2002 -4- NC: 2024:KHC-D:708 WP No. 104378 of 2022 there is an appellate remedy provided under Section 14(5) of the Hampi World Heritage Management Authority Act, 2002, and it is for the State Government to exercise its discretion in the matter taking into consideration the designation of the area as a world heritage site, which this Court would not be in a position to do.
5. Hence, reserving liberty to the petitioner to file necessary appeal under Section 14(5) of the Hampi World Heritage Management Authority Act, 2002, which shall be considered by the appellate authority in accordance with all applicable laws the petition stands dismissed.
Sd/-
JUDGE gab Ct-mck List No.: 1 Sl No.: 23