• Right to life and livelihood

Near Hampi , 13 villages have been declared as protected area and no development is permitted by the Govt of Karnataka. The archaeological monuments are few and scattered. In 1988 a few monuments were declared as protected but in 2007 after the passing of the HAMPI WORLD HERITAGE MANAGEMENT AUTHORITY ACT 2002 a large area of 14 villages was declared as protected.  Those residents who were doing small business and catering to the budget tourists (who cannot afford the star rates of  Hospet hotels) were prohibited from doing business in their owned premises and their premises were either demolished or are under the threat of demolition. Some flimsy reasons are given.  Some owners have approached the S C after failing to get justice at the H C. Before declaring the entire area as protected, adequate reasons and notice was given to the residents many of whom are from the lower social and economic strata of the society.  Clearly some powerful lobby is at work behind the scenes.
Asked 2 years ago in Constitutional Law from Bangalore, Karnataka
1) you can seek damages for demolition done without following due process of law 

2) no demolition can be carried out without issue of notice and granting time to file reply . Only after personal hearing is granted can demolition orders be passed by the authorities 

3)you can file writ petition in HC on this regard 

4) also seek stay of further demolition 
Ajay Sethi
Advocate, Mumbai
44177 Answers
2561 Consultations

5.0 on 5.0

Sorry for the earlier reply. 

As i understand there has been an ongoing dispute on account of according Hampi a world heritage status and there has been demolition of buildings in hampi (hampi bazaar) in the year 2011 and thereafter. 
I also come to understand that in the past eviction notices were issued a few hours
before the demolition, giving no time and opportunity for people to respond and react to the notices. Neither alternate housing nor clear guidelines for conducting business were issued prior to the eviction. The fallout of this demolition has been that many families, some with small children and some with aged people have been pushed on to the streets, do not have a place to live, and livelihoods have been affected and also that about over 320 families lost their residences and livelihoods .

I also understand from the court records that The Hon’ble High Court of Karnataka in W.P.No.29843/2009 (GM-PIL) had been assured by Karnataka government that it shall provide alternative land  for rehabilitation of displaced persons  and also in the said assurance to Hon'ble High court,compensation was fixed to Rs.1.30 lakhs as per Urban Ashray Guidelines for each rehabilitant. 

I also understand from  the Annual Report 2013-14 of Kannada and Culture, Information Department a total sum of Rs.1,40,40,000/-/- was  released to approximately 108 Displaced persons and a sum of Rs.1,25,45,000/- was released to 193 displaced persons as compensation against displacement. 

A Public interest Litigation can be filed in the supreme court on the following 
1) challenging  the constitutional mandate for the creation of the Hampi World Heritage Area Management Authority Act 2002 and examine its role and powers in retaliation to usurpation of local governance rights as per Karnataka Panchayat Raj Act, 1993).
2) Constitute a Commission of Enquiry into the sequence of events around the demolition in the year 2011 and thereafter  and take action as appropriate particularly in the case of misuse or abuse of power by past and present government officials.
3)  To hold the District Administration accountable for giving false information to public.
4) To provide proper rehabilitation to the families evicted in an appropriate place where their livelihood options not be adversely affected or put back in possession of the properties they were residing in/ using for their trade.
5) To compensate the families for the grave damage and loss caused to their lives, and property.
6) To withdraw all further threats to common people including the imminent threat of demolishing of properties in  and around the area declared as heritage area.
7)Amend or repeal the Hampi World Heritage Area Management Authority
Act, 2002, so that local constitutional bodies may reclaim their full constitutional role in to planning, governance and decision.
8. To have clear guidelines demarcating clear role for all the stakeholders involved in management of the Heritage area and to ensure that all processes there in are participatory, inclusive, democratic and constitutional. 
Hope this helps.
Again sorry for the earlier reply.
Rajgopalan Sripathi
Advocate, Hyderabad
1261 Answers
154 Consultations

5.0 on 5.0

Damages can be claimed for demolition only if it is proved that the act of demolition was itself illegal. The mere failure to issue a notice to demolish an illegal construction does not create a right to claim compensation. When the SC has already been moved another PIL on the same issue with the same cause of action will not be entertained.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

If the demolitions were carried out without notice to the owners, then they may very well approach court for compensation in all the aspects. 
Since some people have already approached supreme court, you may wait and watch the results of supreme court and its decision.
T Kalaiselvan
Advocate, Vellore
34322 Answers
367 Consultations

5.0 on 5.0

Notice was NOT given.  For the demolition done can damages be claimed and what is the time limit? Any PIL is possible for preventing future demolition and safeguarding their business and property?

If notice was not given, then it is an advantage to you.  Better file a suit claiming compensation for this atrocious act of the authorities who ignored the poor people. 
PIL may be filed on behalf of the affected people at a later stage, for now concentrate on the compensation to be received.
T Kalaiselvan
Advocate, Vellore
34322 Answers
367 Consultations

5.0 on 5.0

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