SC declines to intervene into demolition of illegal structures near Hampi World Heritage Site

The Supreme Court on Tuesday declined to intervene in the demolition being carried out by the authorities in Karnataka, of illegal restaurants, hotels and guest houses at Virupapura Gaddi, an oval islet formed by the Tungabhadra river near the Hampi World Heritage site.

“We won’t utter a word. We have already given them (the state authorities) one month’s time,” a bench of Justices Mohan M Shantanagoudar and R Subhash Reddy said as advocate Sanjay M Nuli orally mentioned the matter.

The counsel contended that since 5 am on Tuesday, the authorities were recklessly carrying out the demolition, causing immense hardships as children’s examinations were going on. He said since a review petition against the February 11 judgement was also pending, the authorities should await the final word.

The bench, however, remained unbudged. “We ourselves have passed the judgement,” Justice Shantanagoudar said, indicating that there were gross illegalities in the form of rampant constructions.

The top court also restrained any other court to intervene in the matter, as a counsel, representing the Hampi authorities, contended that a single-judge bench of the Karnataka HC had stayed the demolition work by passing an order which was ultimately suspended by a division bench.

The apex court had, on February 11, directed the authorities to demolish within one-month illegal restaurants, hotels and guest houses at Virupapura Gaddi.

It had noted the continued threat to historical monuments related to the seventh century Vijayanagar empire, due to illegal constructions there.

The court had then dismissed a batch of appeals filed by Sakkubai and others against the Karnataka HC’s judgement of April 27, 2015, which held that the area fell under the ‘core zone’ of the heritage area and allowed the authorities to demolish illegal structures.

“The appellants had constructed huts and buildings on their lands for the commercial purpose of running hotels, restaurants, and guest houses. Clearly, these constructions were in violation of Section 20(1) of the Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961,” it had said.