The High Court of Karnataka has recently dismissed, a Public interest litigation (PIL) that has challenged the demolition of heritage structures, Devaraja Market and Lansdowne Buildings, located in Mysuru.
The decision to demolish these buildings was based on the recommendations provided by a Task Force Committee and a Special Heritage Committee. These committees were established by the Deputy Commissioner of Mysuru. The reason cited for the demolition was the deteriorating condition of these structures.
The division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal stated in their recent judgement, “It is settled law that when it comes to an issue of consideration of experts’ view/ opinion, courts of law should be circumspect in showing indulgence, as the Courts do not possess the expertise.”
The PIL filed by citizens of Mysuru including Prof D Shrijay Devaraj Urs, G Satyanarayana (Gouri Satya), N Niranjan Nikam and R Raja Chandra was dismissed.
The court noted: “These committees were constituted for getting expert opinion in the field who undertook the exercise of spot inspection of Devaraja Market and collected necessary material and thereafter, opined that it will not be advisable to reconstruct the building and the only course open is to demolish the building.”
The HC stated that it can’t sit in judgement on the opinion of experts.
The HC stated, “The fact that a portion of Devaraja Market building collapsed while carrying on restoration activity and the probable danger to the market, we are of the opinion that this Court cannot sit as an appellate body in writ jurisdiction to set aside the opinion of the experts.”
The buildings in question hold historical significance, dating back 130 years to the era of Maharaja Chamarajendra Wodeyar. They were constructed as a complement to the Mysore Palace and Fort that have been categorized as heritage buildings.
The authorities contended that due to the poor condition of the buildings, restoration work on them could not be continued. A portion of the building also collapsed when restoration was being undertaken.
Subsequently, the expert committees recommended that the buildings be demolished.
