Petitioners running guest houses without prior approvals given interim relief; directed to apply for necessary permissions while authorities restrained from precipitative action.
In a significant judgment delivered on September 17, 2026, the Karnataka High Court, presided over by Justice M.G.S. Kamal, quashed the demolition and removal notices issued against guest houses and homestays operating in the buffer zone of the Hampi World Heritage Area. The petitions were filed by owners of guest houses located in Sanapura Village, Gangavathi Taluk, and Hanumanahalli, who were accused of conducting commercial activities without requisite permissions under the Hampi World Heritage Area Management Authority Act, 2002 (HWHAMA Act) and the Karnataka Land Revenue Act, 1964.
The Commissioner of HWHAMA had issued notices directing the petitioners to demolish the unauthorized structures within 24 hours, alleging violations of the Master Plan 2021 and land use regulations. The petitioners challenged these notices, contending that they had not engaged in any prohibited development activities and that their usage of farmhouses for guest accommodations fell within permissible limits. They further pointed out inconsistencies in the enforcement actions, highlighting instances where similar commercial activities were permitted by the authority in the buffer zone.
After considering submissions, the Court acknowledged the petitioners' undertaking not to continue any commercial activity contrary to law and observed that they would apply for all necessary permissions from both the revenue authorities and the HWHAMA. The Court quashed the impugned notices and directed the petitioners to file their applications within 15 days. The authorities were mandated to consider these applications and decide upon them within 60 days, following due process including personal hearings and spot inspections if necessary.
The Court emphasized that the petitioners must strictly comply with the legal provisions under the HWHAMA Act, the Master Plan, and the Karnataka Land Revenue Act. It was clarified that any violation of the undertaking or statutory provisions would entitle the authorities to initiate appropriate action under the law. Meanwhile, the authorities were restrained from taking any precipitative action against the petitioners until their applications were duly considered.
This judgment underscores the importance of balancing heritage conservation with lawful commercial activities and directs regulatory authorities to follow due process before ordering demolition or removal of structures in regulated zones. It also reiterates the need for clear permissions and adherence to land use regulations within the buffer zones of protected heritage sites.
Bottom Line:
Hampi World Heritage Area Management Authority Act, 2002 - Petitioners running guest houses/homestays in buffer zone without permission - Impugned demolition/removal notices quashed in view of undertaking by petitioners not to carry on commercial activities contrary to law - Petitioners directed to apply for necessary permissions before revenue and HWHAMA authorities - Authorities directed to decide applications within stipulated time and not to take precipitative action till consideration thereof.
Statutory provision(s): Hampi World Heritage Area Management Authority Act, 2002 Section 14, Karnataka Land Revenue Act, 1964 Section 95
Anu Guest House and Restaurant v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2993422
