Case Note & Summary
The petitioners, residents of Mysuru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent authorities to refrain from demolishing or reconstructing the Devara Market and Lansdowne Building. They claimed that these buildings are heritage buildings within the meaning of Section 2(1ea) of the Karnataka Town and Country Planning Act, 1961, as they are classified as heritage buildings in the Master Plan - 2031 for Mysore - Nanjangud Local Planning Area (Revision-II). The respondents, including the State of Karnataka, Mysuru City Corporation, and Mysuru Urban Development Authority, opposed the petition. The court, after hearing the parties, dismissed the petition, holding that the heritage classification does not confer absolute immunity from demolition. The court emphasized that public safety is paramount and that the authorities had taken a decision based on expert reports indicating that the buildings were structurally unsafe and posed a danger to the public. The court found no merit in the petition and upheld the decision of the authorities to proceed with demolition or reconstruction.
Headnote
A) Heritage Law - Demolition of Heritage Building - Public Safety - Section 2(1ea) Karnataka Town and Country Planning Act, 1961 - The petitioners sought to restrain demolition of Devara Market and Lansdowne Building claiming heritage status under the Master Plan. The court held that heritage classification does not bar demolition if the building is structurally unsafe and poses danger to public. The court noted that the authorities had taken a decision based on expert reports regarding structural instability. Held that public safety outweighs heritage considerations (Paras 1-5).
Issue of Consideration
Whether the Devara Market and Lansdowne Building, classified as heritage buildings in the Master Plan, can be demolished or reconstructed by the respondent authorities despite their heritage status.
Final Decision
The writ petition is dismissed. The court held that the heritage classification does not bar demolition if the building is structurally unsafe and poses danger to public. The authorities are permitted to proceed with demolition or reconstruction as per their decision.
Law Points
- Heritage classification does not confer absolute immunity from demolition
- public safety overrides heritage status
- Master Plan provisions are not statutory prohibitions against demolition
- Section 2(1ea) Karnataka Town and Country Planning Act
- 1961 definition of heritage building does not prevent demolition for safety reasons
