Supreme Court case likely to impede Cabinet approval for DPR

Archaeological Survey of India, Indian National Trust for Art and Cultural Heritage now parties to petition

Mysuru: While the Urban Development Department prepares to present the Detailed Project Report (DPR) for the long-pending demolition and reconstruction of the Lansdowne Building and Devaraja Market to the Cabinet for approval, a related case pending before the Supreme Court is likely to impede the Cabinet’s decision.

The MCC had earlier submitted the DPR to the Urban Development Department. During a recent meeting in Mysuru, District Minister Dr. H.C. Mahadevappa assured that he would push for Cabinet approval once the respective Department provided its consent for the DPR.

Raja Chandra, a member of the erstwhile Mysore royal family and one of the petitioners in the case, informed Star of Mysore yesterday that a Special Leave Petition (SLP) filed by him and Gouri Satya was heard by the Supreme Court on Dec. 4, 2024.

ASI, INTACH made parties

During the hearing, a Bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed, “After hearing learned counsel for the parties, we are of the opinion that the Archaeological Survey of India (ASI) and Indian National Trust for Art and Cultural Heritage (INTACH) should also be made parties to the petition.”

The Bench directed the Registry to take necessary action within a week and issue notices to the newly added parties. The matter has been scheduled for re-listing on Jan. 8, 2025. Advocate Dr. Aditya Sondhi appeared on behalf of the petitioners.

Petition in High Court

Speaking to Star of Mysore, Raja Chandra stated that after the Karnataka High Court dismissed a Public Interest Litigation (PIL) raising concerns over the Mysuru City Corporation’s (MCC) plan to demolish and reconstruct the 137-year-old Devaraja Market due to its deteriorated state, they approached the Supreme Court.

A Division Bench of the High Court, comprising Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal, dismissed the PIL on Aug. 8, 2023. The petition, filed in 2020 by Mysuru citizens, including Prof. D. Shrijay Devaraj Urs, G. Satyanarayana (Gouri Satya), N. Niranjan Nikam (now late) and Raja Chandra, was rejected.

A Task Force Committee and Special Heritage Committee, constituted by the Mysuru Deputy Commissioner, had recommended the demolition of the market, citing its dilapidated condition.

Reliance on one-sided expertise

“Questioning the High Court’s judgement, we moved the Supreme Court, arguing that the State Government relied on a one-sided expertise. The decision to demolish the two heritage structures was made by individuals lacking the necessary expertise, many of whom align with the Government’s stance regardless of their professional status,” Raja Chandra noted.

He further said, “We requested the Supreme Court to appoint an external agency to provide an unbiased opinion on whether these heritage structures should be restored. Having engaged in this matter, we couldn’t let it conclude at the High Court level.”

No immediate decision

“As per the Supreme Court’s directive, both ASI and INTACH will now be added as parties in the case. These parties may request more time; ASI Delhi could refer it to the ASI office in Bengaluru, while INTACH might direct it to either their Bengaluru or Mysuru branch. The hearings will take time, and decisions are unlikely to be immediate,” Raja Chandra noted.

Although the Devaraja Market is classified as a Grade-1 heritage building under the Master Plan-2031 for Mysuru-Nanjangud, the petitioners argued that the Special Heritage Committee failed to consider expert opinions advocating restoration. They maintained that the structure must be protected and conserved, ensuring any development plans adhere to the amendments in Zonal Regulations.