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3.3 However, upon the introduction of the Hampi World Heritage Area Management Authority Act, 2002 ( hereinafter ‘the Hampi Act’), the authority constituted thereunder, the Hampi World Heritage Area Management Authority ( hereinafter ‘HWHAMA’), Respondent No. 4 herein, directed the panchayats and local authorities not to renew any licenses and not to grant permission for commercial activities within Virupapura Gaddi. Later, in exercise of its powers under the Hampi Act, the HWHAMA issued notices to the Appellants for demolishing the structures constructed by them. To restrain them from doing so, the Appellants herein filed writ petitions before the High Court, seeking the identical relief of a direction to HWHAMA to forbear from carrying out such demolition. 3.4 Vide the impugned judgment dated 27.04.2015, the High Court of Karnataka dismissed these writ petitions. The High Court found that the 1988 notification declared the entire village of Virupapura Gaddi as protected area. As a result, Section 20(1) of the 1961 Act came into operation, rendering the land there usable for the purposes of cultivation only, unless otherwise approved by the State Government. Thus, given that the writ petitioners had constructed rooms, thatched roof huts, temporary structures, and buildings to carry on the business of hotels, restaurants, or guesthouses in Virupapura Gaddi, it was held that such construction was in violation of the 1961 Act. It was also observed that the panchayats did not have any authority to accord sanction to the building plans, as such power was solely vested with the State Government under Section 20(1) of the 1961 Act. Furthermore, it was noted that Virupapura Gaddi fell in the ‘core zone’ of the heritage area specified under the Hampi Act, and was therefore subject to the authority of the HWHAMA. Hence, in light of the illegality of the constructions under the 1988 notification, the HWHAMA could demolish the structures erected by the Appellants. It is against this common judgment and order that the Appellants have come in appeal before this Court.

Further, he submitted that the scheme of the 1961 Act is such that ‘protected areas’ constitute a category separate from ‘protected monuments’. Therefore, it is possible for certain areas to be protected independent of the existence of monuments, if there is a reasonable belief that they contain ruins or relics of historical or archaeological importance. In light of this, he drew upon materials indicating the archaeological significance of Virupapura Gaddi, and submitted that the 1988 notification was justifiably made applicable to the entire village. Based on this, he contended that the land in the area could only be used for cultivation purposes as per the proviso to Section 20(1) of the 1961 Act. Since the Appellants were carrying out commercial activities there, the structures raised by them were argued as being in violation of the 1961 Act. As regards the jurisdiction of the HWHAMA to direct the demolition of such constructions, learned Senior Counsel argued that even though the HWHAMA is an authority under a subsequent legislation, the regimes of the 1961 Act and the Hampi Act should not be viewed as strictly separate compartments. Drawing upon the context in which the Hampi Act was introduced, he submitted that it should not be seen as being divorced from the 1961 Act, but in furtherance of it. To substantiate this, he indicated that the Hampi Act effectively incorporates the 1988 notification issued under the 1961 Act by denoting the protected area declared under the notification as the ‘core area zone’ under it. Further, he alluded to the current restrictions and prohibitions applicable to core area zones as well as the Zonal Regulations framed under the Master Plan 2021 to argue that the restrictions on Virupapura Gaddi under the Hampi Act are co-terminus with the restrictions imposed on the area under the 1988 notification. In light of this, it was contended that the regimes under the two statutes should not be treated as silos and the HWHAMA had the authority to enforce the 1988 notification issued under the 1961 Act. Lastly, with regards to Section 14 of the Hampi Act, it was submitted that it is only an overarching provision that allows for the issuance of a further notification to control development in the heritage area. In other words, the lack of a notification under Section 14(1) does not render a prior notification intended for the same purpose meaningless or unenforceable by the HWHAMA. In fact, in view of the functions delineated for the HWHAMA under Section 11 of the Hampi Act, he argued that the authority was right in proceeding against the illegal constructions as part of its duty to protect property within the heritage area.

“It may be pertinent to mention here that the petitioners have already filed a writ petition before the Karnataka High Court being Writ Petition Nos. 65940-65949 of 2011 in which the petitioners submit that the Hampi World Heritage Management Authority Act 2002 is arbitrary, illegal, ultra vires and unconstitutional as stated supra. There is conflict of provisions of different Acts viz., Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961, the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Hampi World Heritage Authority Management Act 2002 and also Master plan 2012. Thus, it is necessary to stay the operation of the Hampi World Heritage Authority Management Act, 2002 and Master Plan 2021 pending disposal of the writ petition. If the Act is not stayed, there will be multiplicity of litigations.

20.4 In view of such changes and its obligations under international conventions, the Government of Karnataka felt it necessary to create a body that would streamline the development in the Hampi region. However, till the time that a specific statute was enacted for such purpose, the HWHAMA was constituted as an interim authority vide a Government Order dated 21.03.2002. The Preamble to this order is notable:

“Preamble: Hampi has been declared as a World Heritage Site by the UNESCO and the Government of India has recently announced that Hampi would be developed as an international destination centre. There is a need for proper management and development of Hampi World Heritage Area in order to conserve and preserve the rich heritage in this area and at the same time develop the area for providing good facilities for both national and international tourists. Thus all the activities in the Hampi World Heritage Area need to be regulated and coordinated in order to provide facilities and at the same time ensure proper conservation of the heritage. There is a need for a statutory body regulating on the issues pertaining to the management and development aspects in the Hampi World Heritage Area. The Government is contemplating a legislation constituting Hampi World Heritage Area Management Authority. In the interregnum, there is an immediate need to have an interim body to promote coordinated development of the heritage area. Thus the Hampi World Heritage Area Management Authority and the State Level Advisory Committee are being constituted through an executive order to manage the affairs of Hampi till the statutory bodies come into effect.” 20.5 Subsequently, the State Government enacted a specific legislation for the conservation of the cultural heritage of Hampi, i.e. the Hampi Act. This Act was brought into force with effect from 27.01.2005, and the HWHAMA was constituted under Section 3 thereof. Until such time, the interim authority constituted vide Government Order dated 21.03.2002, mentioned supra, continued. The overall object of the Hampi Act can be gleaned from its Preamble, which reads as follows: