LAWS(KAR)-2003-6-31

SRIKANTADATTA NARASIMHA RAJA WODEYAR Vs. STATE OF KARNATAKA

Decided On June 03, 2003
SRIKANTADATTA NARASIMHA RAJA WODEYAR Appellant
V/S
STATE OF KARNATAKA BY ITS CHIEF SECRETARY BANGALORE Respondents

JUDGEMENT

(1.) THE immovable property popularly known as JANANA MANTAPA situated in Chamarajanagar in Mysore belongs to the erstwhile royal family of Mysore Maharaja. It measures 35 x29. The Government of karnataka issued Notification at Annexures-E and F dated l0. 8. 2000 in W. P. No 34400/2001 under Section 4 (1) of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains act, l961 (Karnataka Act No 7 of 1962) (herein after in short called as Act') for declaring it as a Protected Monument. Thereafter, by notification at Annexure-G dated 1l. 6. 2001 it was declared as such aggrieved by the same, Sri Srikantadatta Narasirnharaja Wodeyar of the erstwhile royal family of Mysore has filed W. P. No. 34400/2001 seeking to quash the said notifications and to restrain the respondents no. 1 to 3 from dealing with the said property.

(2.) IN W. P. Nos 25928-30/200l the petitioners are the owners of godowns adjoining Janana Mantapa. They have filed these Writ petitions seeking the same reliefs as in W. P. No 34400/2001.

(3.) THE petitioners in W. P. Nos. 27038-47/2002 are also the owners of adjoining properties of Janana Mantapa. They have filed these writ Petitions seeking to quash the order at Annexure-A dated 19. 4. 2002 passed by the Lokayukta directing the Commissioner, City municipal Council, not to allow any constructions in the place until the matter is decided by this Court. They have also sought for quashing the consequential endorsement at Annexure-B dated 18. 5. 2002 issued by the Commissioner, Development Authority, chamarajanagar on the basis of the order at Annexure-A informing one of the petitioners that the request for grant of Commencement certificate for Construction of the buildings upon their property cannot be granted until the matter is decided by this Court subsequently, the petitioners have filed applications for amendment of the Writ petitions seeking additional prayer to strike down Act No 7/1962 as being void and unconstitutional, to quash Rule 11 of the Karnataka ancient and Historical Monuments and Archaeological Sites Remains rules, 1965 (hereinafter referred to as the Rules ) and the Notification at Annexures-V and W dated 18. 6. 2001 by which 100 + 200=300 meters adjoining area of Janana Mantapa as prohibited and protected area to the Janana Mantapa which is declared as protected monument thereby prohibiting mining or construction activities within that area. On account of this, there cannot be any constructional operations within the Prohibited area by the petitioners. That is why the petitioners are affected and they have filed the above said petitions seeking reliefs.