Karnataka High Court
J Ramachandra Setty @ Ramanna vs Archaelogical Survey Of India on 17 August, 2012
Bench: Chief Justice, Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF AUGUST 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO.2681 OF 2012(GM-RES)
BETWEEN
J. RAMACHANDRA SETTY @ RAMANNA
S/O HANUMANTHA SETTY
AGED ABOUT 60 YEARS
PROPRIETOR OF SREE RAMA
TOURIST HOME, HAMPI
R/O HOSPET, BELLARY DISTRICT
... PETITIONER
(BY SRI SURESH S JOSHI, ADV.,)
AND
1. ARCHAEOLOGICAL SURVEY OF INDIA
5TH FLOOR, 'F' WING
KENDRIYA SADANA, KORAMANGALA
BANGALORE-560 034, REP BY
SUPERINTENDING ARCHAEOLOGIST
2. THE COMMISSIONER
THE HAMPI WORLD HERITAGE AREA
MANAGEMENT AUTHORITY
HOSPET-583201
BELLARY DISTRICT
3. THE DEPUTY COMMISSIONER
BELLARY DISTRICT
BELLARY -583201
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4. THE ASSISTANT COMMISSIONER
HOSPET DIVISION
HOSPET-583201
BELLARY DISTRICT
5. THE TAHSILDAR
HOSPET TALUK
HOSPET-583201
BELLARY DISTRICT
6. THE CONSERVATION ASSISTANT
& SITE MANAGER
ARCHAEOLOGICAL SURVEY OF INDIA
KAMALAPUR-583221
HOSPET TALUK
BELLARY DISTRICT
... RESPONDENTS
(BY SRI R.DEVDAS, AGA FOR R-3 TO 5;
SRI N.DEVHADASS, SENIOR COUNSEL A/W
SMT.K.S.ANASUYADEVI, ADV., FOR
SRI H.C.SUNDARESH, ADV., FOR R-1 & 6;
SRI T.P.VIVEKANANDA, ADV., FOR
SRI P.S.MANJUNATH, ADV., FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE
OF MANDAMUS NOT TO ENFORCE ANY ACTION OR
ORDER AGAINST THE PETITIONER FOR EVICTION OR
REHABILITATION IN RESPECT OF PROPERTY NOS.181,
181/2 AND 182, WARD NO.II, HAMPI VILLAGE, HOSPET
TALUK, BELLARY DISTRICT AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
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ORDER
Vikramajit Sen, CJ (Oral) The Respondents have brought to Court, a Cheque for the sum of Rs.8,10,000/- drawn on State Bank of Mysore, Hospet Branch, Bellary District in favour of the Petitioner. The same has been handed over to the Petitioner towards compensation. The receipt of this payment shall not prejudice or preclude the Petitioner from taking recourse to legal proceedings for increasing compensation which, according to the Petitioner, is due and payable to him. In granting this leave, it should not be understood that we are of the opinion that the compensation needs to be increased. The Authority seized with such a claim shall take its decision on merits.
2. The Allotment Letters of Plot Nos.138 and 323 are also handed over to the Petitioner. These Allotment Letters have been issued on the same basis and consideration as was extended to all unauthorised occupants in the temple complex.
3. The Respondents were compelled to carry out demolition of the structures erected on the land by the 4 Petitioner. The Petitioner contends that he is the lawful owner of the land. This contention is strongly contested by the Respondents who submit that the Petitioner, like all other unauthorised occupants, had no right or title to occupy or carry out any construction at the subject site. We make no observations on these rival contentions. A bill or a claim for Rs.85,784.47 has been raised by the Hampi World Heritage Area Management Authority, Hospet - Respondent No.2 towards costs incurred for dismantling of structures constructed by the Petitioner. Counsel for the Petitioner submits that the amount may be reduced to Rs.25,000/-, keeping in view the fact that the Petitioner has not only lost the building constructed by him, but also his livelihood. He undertakes to make the payment within two months from today. In the circumstances of the case, we reduce the dismantling and clearance of encroachment charges from Rs.85,784.47 to Rs.25,000/-, as has rightly been accepted by Respondent No.2. However, if the payment of Rs.25,000/- is not made by the Petitioner to Respondent No.2 within two months from today, the claim of Rs.85,784.47 shall stand revived in its entirety. 5
4. Writ Petition is disposed of in these terms with liberty to the Petitioner to initiate appropriate proceedings, if available in law, for enhancement of compensation.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv