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Quashes Demolition Notices to Hampi Buffer Zone Guest House Owners
In a significant relief for homestay operators near the Hampi World Heritage Site, the quashed demolition notices issued by the after the petitioners gave an to cease all commercial activities and seek proper permissions.
Undertaking Saves Guest Houses from Wrecking Ball
Justice M.G.S. Kamal, presiding over the , disposed of two writ petitions filed by owners of guest houses and farm stays in Sanapura and Hanumanahalli villages in Gangavathi taluk, Koppal district. These villages fall within the buffer zone under the .
The petitioners—Anu Guest House and Restaurant, as well as individuals Huliganna and Santhosh Rathod—had been operating homestays with thatched-roof huts for tourists visiting the historic Hampi ruins. In January and , the HWHAMA Commissioner issued notices directing them to demolish their structures within 24 hours, alleging that the commercial activities violated the Act, the Master Plan 2021, and the .
Petitioners Allege 'Pick and Choose' Policy
Arguing for the petitioners, advocate contended that the Commissioner lacked authority to regulate land use in the buffer zone. He further submitted that the petitioners had not violated any provisions, as they were merely using farmhouses, which is not prohibited. Highlighting what he termed a "," Banakar pointed to instances where other entities in the core and prohibited zones had been granted for commercial activities, while the petitioners—whose properties lay only in the buffer zone—were targeted.
The petitioners expressed willingness to apply for necessary permissions under the HWHAMA Act and the Master Plan, and gave an undertaking to refrain from any commercial activity contrary to law in the interim.
Authority Agrees to Consider Applications
Opposing the petitions, counsel for HWHAMA argued that the commercial operations were being run without any permission, in brazen violation of Section 95 of the Karnataka Land Revenue Act, which allows farmhouses only for personal use. He also invoked , which requires prior permission for any development in regulated zones. However, he fairly submitted that if the petitioners made applications, they would be considered expeditiously.
Court Quashes Notices, Sets Timelines
Recording the petitioners' undertaking, the court quashed the . It directed the petitioners to file applications before the revenue authorities and HWHAMA within 15 days from receipt of the certified copy of the order. The authorities were ordered to pass appropriate orders within 60 days, after giving the petitioners a hearing and conducting a spot inspection if necessary.
Key Observations
"In the light of undertaking given by the counsel for the petitioners that the petitioners would not carry out any commercial activities, the issued by the respondent No.3-the Commissioner, HWHAMA are hereby quashed."
"Petitioners shall make necessary applications before the concerned revenue authorities as well as the authorities under the HWHAMA Act, seeking necessary permission either for the purpose of construction or development of their respective lands or for carrying out any activity permissible under law thereon."
The court also clarified that no would be taken against the petitioners until their applications are decided. However, it warned that any violation of the undertaking or the HWHAMA Act would invite appropriate action from the authorities.
Implications
The decision offers a temporary reprieve to guest house owners in the Hampi buffer zone while reinforcing the legal framework that requires prior permissions for any commercial activity in heritage areas. It underscores the court's preference for compliance through procedural channels rather than immediate demolition, provided parties show .
