NDLI: Sakkubai Etc. Etc. Vs. State of Karnataka & Ors. Etc. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Ancient and Historical Monuments Archaeological Research
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hampi World Heritage Area Management Authority Act, 2002 (18 of 2003) Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (7 of 1962)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 – ss. 19(1) & 19(3) – 1988 notification declaring Virupapura Gaddi as ‘protected areas’ u/s. 19(3) of the Act, 1961 – Validity of – Held: The Archaeological Survey of India (ASI) had highlighted the archaeological importance of Virupapura Gaddi in its Statement of objections filed before the High Court – From the observations made by the ASI, a specialised body responsible for archaeological research and conservation of cultural monuments in India, there remains little doubt as to the historical importance of Virupapura Gaddi – The Government had considered the comprehensive geographical entity of the area, including attributes like its landscape, prehistoric vestiges and water systems – Thus, the 1988 notification issued u/s. 19(3) of the 1961 Act declaring Virupapura Gaddi as a ‘protected area’ cannot be said to be without basis – Further, s. 19(4) of the 1961 Act clarifies that the notification issued u/s. 19(3) conclusively establishes the status of Virupapura Gaddi as a protected area under the said Act. Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 – s.20(1) – Validity of construction raised by the appellants under the 1961 Act – Held: The entire area comprising Virupapura Gaddi, where constructions were raised by the appellants, had been declared as protected area vide the 1988 notification, it follows that land owned by the Appellants could have only been used for the purpose of cultivation after 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 – From sub-section (1) of s.20, it is evident 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 – These constructions, in the instant case, were in violation of s. 20(1) of the 1961 Act. Hampi World Heritage Area Management Authority Act, 2002 – Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 – Hampi World Heritage Area Management Authority (HWHAMA) power to demolish illegal constructions under the 2002 Act – Appellants contended that HWHAMA, which is a body set up under the Hampi Act, could not have issued such orders for demolition as the illegality of the constructions was rooted in 1961 Act – Held: The State Government enacted a specific legislation for the conservation of the cultural heritage of Hampi, i.e. the Hampi Act – The HWHAMA was constituted under s. 3 thereof – Both the 1961 Act and the Hampi Act cannot be construed as isolated silos – They both seek to fulfil a common object, they must be interpreted in a manner that seeks to further such objective and not obstruct it – In the instant case, since it is established that the structures erected by the appellants were in violation of the 1961 Act, given the common thread underlying the 1961 Act and the Hampi Act, it cannot be said that such illegality ceased to exist when the Hampi Act came into force – Thus, the HWHAMA was, and is entitled to proceed against the development raised by the appellants, which had been rendered illegal under the prior legislation i.e. 1961 Act.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2020 INSC 166
Petitioner	Sakkubai Etc. Etc.
Respondent	State Of Karnataka & Ors. Etc. Etc.
SCR	[2020] 2 S.C.R. 763
Judgement Date	2020-02-11
Case Number	1443

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