Supreme Court Adds ASI, INACH As Parties In Plea To Restore Mysuru's Heritage Buildings

The Supreme Court on December 4 impleaded Archaeological Survey of India and the UNESCO's Indian National Trust for Art and Cultural Heritage (INTACH) in a plea filed by journalist G. Satyanarayana Gouri, a veteran journalist based in Mysuru, for the restoration of two heritage buildings in Mysore city.

The Special Leave Petition challenges the order of the Karnataka High Court whereby on August 8, 2023, the Court dismissed a writ petition seeking issuance of a writ of mandamus against the Karnataka authorities from demolishing or reconstructing 19th-century Devaraja Market building and Lansdowne Building of Mysore city. Reportedly, the buildings are to be demolished for the purpose of redevelopment project.

A bench of Justices Sudhandhu Dhulia and Ahsanuddin Amanuallah stated that the structures were not colonial-era buildings but those that belonged to the princely State of Mysuru. An attempt must be made to restore it.

Initially, the bench stated that if the buildings are beyond repair, it should be demolished. But when Dr. Aditya Sondhi, Senior Advocate (for the journalist) informed that it has been declared heritage by the Karnataka State within the meaning of Section 2(1ea) of the Karnataka Town and Country Planning Act, 1961, Justice Dhulia said: "This is not even a colonial structure...It has a Karnataka- kind of structure."

Sondhi submitted that a UNESCO Committee report clearly states that the building is subject to restoration.

Justice Dhulia said: "See, what happens this can be restored but it comes with a heavy price...They give a report that even after restoration, the building won't last for more than 30-40 years. It comes with this ridder."

Justice Amanullah added: "In one of the repairs, a part of the [Lansdowne] building collapsed [after partial restoration] which means it's not viable [to restore]."

Dr Sondhi said that the buildings continue to be used for Dasara procession.

Reportedly, while the "Devaraja Market continues to be a 'live' heritage structure with merchants carrying on business as usual, the Lansdowne Building, even after partial restoration after spending nearly half the money proposed, following the collapse of the roof of two or three shops, is facing further dilapidation."

At this point, the Court asked if the petitioner was willing to restore at his own cost. Justice Dhulia said: "Why should the Government be slapped with such a high cost? If you are a lover of the building, get the funds and ask the Government to do it."

It nevertheless issued notices to the parties and will hear the matter in the first week of January, 2025.

Case Details:  G. SATYANARAYANA GOURI SATYA Vs THE STATE OF KARNATAKA., SLP(C) No. 26848/2023