KARNATAKA ITHIHASA ACADEMY R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) KARNATAKA Ithihasa Academy, represented by its member, Sri T. R. Krishna Gowda has filed this PIL petition to quash the order dated 21-4-2003 passed by the 4th respondent approving the construction.

(2.) IT is stated that the petitioner is a Society registered under the Karnataka Societies Registration act, 1960. It is stated that as per Indian history, Pampa Kshetra, now known as Hampe, Pampa or Hampi in colloquial usage was the capital of Vijayanagar Emperors. The capital was later shifted on to the southern bank of Tungabhadra river near Sri Virupaksha Temple and the new capital was built around the said temple. Hampi is the only city in the entire world, which has been lying in almost the same condition in which it was, immediately after the devastating war, when the Vijayanagar rulers lost to their enemies who plundered the kingdom. The UNICEF appreciating that Hampi is of great architectural importance, issued guidelines in partial implementation of which an area within a radius of one km. from the periphery of the zone intended to be protected has been considered as protected area. A monument of the country can be inscribed in the World Heritage List by making an application and furnishing an undertaking that the Government of the country concerned would abide by the guidelines of the UNESCO. The United Nations Educational, Scientific and Cultural Organisation (hereinafter UNESCO')declared Hampi monuments as World Heritage site on 28-11-1986. The observer of the government of India who conducted the work, submitted a report dated 24-7-2000 to the unesco that the construction of the two bridges had been halted but that corrective measures had to be inevitably undertaken to remove the threats, facing the site. As the Hampi site, a World heritage site, was inscribed in the "world Heritage in Danger" list, the Joint Mission comprising the representatives of International Committee of Monuments and Sites (ICOMOS) and the unesco visited the protected zone of Hampi between 21-2-2000 and 25-2-2000. It submitted a report in the month of May 2000, vide Annexure-E. Based on that report, UNESCO and icomos recommended certain corrective measures, laying stress on relocation of the two bridges and development of Comprehensive land in close co-operation with the UNESCO and icomos. It is stated that the Task Force constituted by the Government of Karnataka on 27-1-2000 conducted spot study of the impact of the bridges on the World Heritage Site, held meetings and discussions and submitted a report. The Cabinet of Ministers, Government of karnataka in its meeting held on 11-5-2000, based on the recommendations of the Task Force (Annexure-Q), decided to dismantle the two bridges, i. e. , Cable Suspension bridge connecting anegondi and Venkatapura and Suspension Footbridge connecting Hampi and Virupapura gadde and find suitable alternative locations for these two bridges.

(3.) THEREAFTER, two PIL petitions were filed one by Channappa Veerappa Katti and 8 others in w. P. No. 23760 of 2000 praying to direct the respondents to immediately complete the construction of the cable stayed bridge at Anegondi, Gangavathi Taluk, Koppal District and not to demolish the said bridge and the footbridge connecting the village of Virupapura Gaddi with hampi; and the other by the Karnataka Ithihasa Academy and 13 others in W. P. No. 34312 of 2000, praying to direct the respondents to forbear from proceeding with the construction of the two bridges at Talavaraghatta and the Southern Bank of Tungabhadra river. Considering the statement of objections filed by respondent 7-Government of India, represented by Secretary of culture, respondent 8-The Archaeological Survey of India (hereinafter 'asi') and respondent 9-Superintending Archaeologist, ASI, Bangalore. This Court observed that "it is within the dominion of the Government to see the feasibility and other financial aspects to decide the issue in the public interest". This Court also taking note of the submission made by the learned government Advocate that action was being taken for constituting Hampi World Heritage Area management Authority (for short, 'the Management Authority' and that the State would prepare necessary plan through the aforesaid Authority and will take a decision regarding demolition or otherwise of the two bridges in public interest, ordered that: "under the circumstances, we direct the respondents to examine the matter thoroughly and it is made clear until such decision is taken, the respondents are directed not to initiate any action in pursuance of Government Order dated 20-10-2000" vide order dated 10-9-2001. Now, the order dated 21-4-2003 Annexure-W passed by the 4th respondent on the basis of the recommendation of the management authority and the Committee has been challenged.