Any area declared as protected by ASI, bars any construction thereafter; SC.

Supreme Court of India

JUSTICE MOHAN M. SHANTANAGOUDAR & JUSTICE R. SUBHASH REDDY

The SC { Sakkubai Etc. Etc. v. State of Karnataka & Ors. Etc.} holds that since the entire area comprising Virupapura Gaddi had been declared as protected area vide the 1988 notification, it follows that the land owned by the Appellants could have only been used for the purpose of cultivation after the issuance of such notification. However,  the Appellants had constructed huts and buildings on their lands for the commercial purpose of running hotels, restaurants, and guest houses. Clearly then, these constructions were in violation of Section 20(1) of the Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961.

It was further held that virtue of the 1988 notification declaring the entire village of Virupapura Gaddi as a protected area, the restrictions on construction and use under Section 20(1) came into operation with effect from 22.10.1988 itself. Thus, the construction carried out by the Appellants on their lands at Virupapura Gaddi for commercial purposes was in violation of the 1961 Act.

It was held that owners/occupiers of protected areas cannot construct any building or utilize such areas in any manner other than cultivation, without the permission of the State Government. While dismissing the appeal, the direction was given for demolition within one month by the SC.

In the present case the appellants challenged demolition order issued, on both counts, validity and power to issue such order.