Mysore/Mysuru: The grand plans of Mysuru City Corporation (MCC) to demolish and reconstruct Devaraja Market — more than 125 years old — in city may not be realised in the near future as the Karnataka High Court yesterday restrained the civic body from razing the heritage structure. The Court ordered the State Government and the MCC not to act on the implementation of the Dec.10, 2019 resolution of the Special Heritage Committee that had recommended demolishing and reconstructing of Devaraja Market.
A Division Bench of the Court comprising Chief Justice Abhay Shreeniwas Oka and Justice S. Vishwajith Shetty passed this interim order while hearing a Public Interest Litigation (PIL) filed by Prof. D. Shrijay Devaraj Urs, former Registrar (Evaluation), University of Mysore and three others. The petitioners sought a direction from the Court to protect and preserve the heritage structure.
Flawed resolution
The petitioners claimed that Devaraja Market structure had been classified as heritage building in the Master Plan-2031 for Mysuru-Nanjangud Local Planning Area. “The Devaraja Market building was never examined by professionals having necessary technology or expertise in the field and hence the resolution — to demolish for the reason that walls had become weak — was flawed,” the petitioners told the Court.
The Court granted relief under the provisions of Zonal Regulations Amendment 2020 formulated under the Karnataka Town and Country Planning Act. Though the Devaraja Market building has been declared as Grade-1 heritage building in the Master Plan-2031 relating to Mysuru-Nanjangud, the Special Heritage Committee had failed to consider various expert opinions stating that the Devaraja Market could be restored, the petitioners contended. They said that the structure has to be protected and conserved and any development plan must be in accordance with the amendment to Zonal Regulations.
Human life important
Reacting to the High Court order, MLA L. Nagendra told Star of Mysore that the city is growing in leaps and bounds and there is usually a heavy rush in the Devaraja Market. “A portion of the Market has already collapsed and three to four persons have died when the Lansdowne Building collapsed years ago. Human life is important and we cannot compromise here. This is the reason why the MCC and all the elected representatives of Mysuru decided to raze the two structures and reconstruct as per heritage guidelines,” he said.
Nagendra said that in the coming days an attempt will be made to convince the High Court about the threat to human life and the necessity of reconstructing the Devaraja Market.
Mayor Tasneem pointed out that the two expert committees (Karnataka State Technical Task Force and Heritage Committee) have given contradictory recommendations on the Devaraja Market.
“While the Task Force has recommended rebuilding of the structure, the Heritage Committee has suggested restoration. I will discuss the High Court order in the MCC Advisory Committee meeting today and also take legal opinion on the ways and means to convince the High Court about the necessity of reconstruction,” she said.
Unstable soil
MCC Commissioner Gurudatta Hegde said that expert committee reports and views of engineers is that Devaraja Market was structurally weak and posed a danger as it would be used by hundreds of people daily and had to be demolished in public interest. Soil samples were taken after digging three trial pits and the analysis says that the structure is weak and has no stability.
“There are many factors here including financial implications of reconstructing the two heritage structures, feasibility of conserving the structures and also the fate of hundreds of vendors who depend on the markets for livelihood. These have to be discussed with the District Minister, MP and MLAs and legal opinions have to be taken before taking the next step,” he said.
This post was published on December 22, 2020 6:44 pm