PETITIONER: RAJEEV MANKOTIA Vs. RESPONDENT: THE SECRETARY TO THE PRESIDENT OF INDIA & ORS. DATE OF JUDGMENT: 27/03/1997 BENCH: K. RAMASWAMY, G. B. PATTANAIK ACT: HEADNOTE: JUDGMENT:
THE 27TH DAY OF MARCH, 1997
Present:
Hon’ble Mr. Justice K. Ramawamy
Hon’ble Mr. Justice G.B. Pattanaik
Mr. Sudarash Menon, Advocate for the Petitioner.
Mr. V.R. Reddy, Additional Solicitor General, Mr. A. Subba
Rao, Ms. Anil Katiyar, Mr. Y.P. Mahajan, Mr. N.K. Sharma and
Mr. V.K. Verma, Advocates with him for the respondents.
O R D E R
The following Order of the Court was delivered:
O R D E R
Viceregal Lodge at Shimla is a harbinger of Colonial
past, with architecturally grandeur and beauty of
Elizabethian Era and stands a mute witness to the transition
of independence to the people of India of the sustained non-
violent struggle by the Father of the Nation, Mahatma
Gandhiji. Three historical meetings between Colonial
administration and the Indian leaders took place to discuss
the issue of the Indian independence under the leadership of
Mahatma Gandhiji, viz., (i) in June-July 1946 – the
historical Cabinet Mission of the Indian leaders; (ii) in
May-June 1947; and (iii) the final one wherein historical
decision was taken by Louis Mountbatten for transition of
the power conveying the proposal to the Indian leaders
through Pandit Jawaharlal Nehru; Nehru; that was followed by
grant of independence to the nation and the worst holocaust
of communal disturbance due to partition of the great
ancient nation into India, i.e., Bharat, and Pakistan.
The journey of Simla, Summer Capital of the Supreme
Government, started in 1827 by the first Governor General,
Earl of Amherst and Viceregal Lodge, the official residence
built by the 17th Viceroy, Earl Dufferin, was occupied on
July 23, 1888. Though Lord Dufferin and Lady Dufferin
personally supervised its taking finished shape, its
completion work went on till September 1988 which led the
present shape of the building given by Earl of Marquis of
Landowne till 1889 – the only Viceroy who exclusively lived
therein during his entire tenure, i.e., from 10th December,
1888 to 26th June, 1894 in Summer Camp. The building was
building is unique. The Viceroys/Governor Generals used this
building as Summer Comp from April to October of each
calender year and the British ruled the entire India from
this building. It was also independence, it was renamed as
`Rashtrapati Niwas’, dawning with smile the freedom for
Bharat and the Presidents of the Bharat Republic stayed
therein as Summer Resort until Dr. Sarvepalli Radhakrishnan,
the second President had it handed over to the Indian
Institute of Advanced Studies in the year 1964. The
President himself had inaugurated the Institute when Dr.
Jakir Hussain, then as its Chairman, and who later became
the President of India, had chaired the meeting. It thus
furnishes the historical evidence of the Colonial holocaust
unleashed on Indians and reflects upon the triumph of Indian
nationalism; it has laid seed-bed to the end of the British
colonialism. Whether such a building is required to be
maintained as historical monument of national importance, is
the question before us.
When Dr. Radhakrishnan, the President of India felt
that since the President spent hardly 120 days in 10 years,
i.e., 10 days a year, it was worthwhile to house the said
Institute therein, instead of keeping the historical
monument as idle building which would facilitate maintaining
the grandeur and beauty of the building. However, the fact
is that with the passage of time, it has faded out and lost
its real beauty. While the Institute was being so run, cruel
decision was taken by the Cabinet of the Union of India to
convert the building, a priceless treasury of our historical
heritage, into tourist hotel, while purporting to maintain
the main part of the building as historical resort. Feeling
the inner voice of its ultimate destruction, the petitioner
has knocked the door of this Court, and in our view rightly,
to protect it as the historical heritage and to preserve our
posterity.
Before considering whether the Viceregal Lodge should
be declared as historical heritage (monuments), let us have
a look at the legal setting in that behalf. The Ancient
Monuments and Archaeological Sites and Remains Act, 1958
(for short, the `Ancient Monuments Act’) provides for the
preservation of ancient and historical monuments and
archaeological sites and remains of national importance. The
Act was enacted to clarify the legal position that the
Central Government regulates exclusively ancient monuments
etc. of national importance, leaving the field open to the
Stable legislatures to enact the law on the subject, i.e.,
ancient monumens of State imulus or place of interment, or
any cave, rock-sculpture, inscription or monolith, which is
of historical, archaeologicla or artistic interest and which
has been in existence for not less than one hundred years,
and includes (emphasis supplied):
(i) the remains or an ancient monument;
(ii) the site of an ancient monument;
(iii) such portion of land adjoining the site of an ancient
monument as may be required for fencing or covering in
or otherwise preserving such monument ; and
(iv) the means of access to, and concentient inspection of
an ancient monument.
Section 3 of the Act declares that all ancient and
historical monuments and archaeological sites and remains
which have been declared by the Ancient and Historical
Monuments and Archaeological Sites and Remins (Declaration
of National Importance) Act 1951, or by Section 126 of the
States Rs- organisation Act, 1956, to be of national
importance shall be demed to be ancient and historical
monuments or archaeological sites and remins declared to be
of national importance for the purpose of this Act. Section
4 empowers the Central Government to declare any ancient
monuments or archaeological site and remins not included in
Section 3 to be of national importance by giving two months
notice of lts so declaring. The Ancient Monuments
Preservation Act, 1904 provides for the preservation of
ancient monuments and objects of archaeological, historicl
of artistic interest. Section 2(a) of the Ancient Monuments
Act. Section 2 (4) defines `maintain’ and `maintenance’ to
include the fencing, covering in, repairing, restoring and
cleaning of protected monument and the dolng of any act
which may be necessary for the purpose of maintaining a
protected monument or of securing convenient access thereto.
Section 3 deals with `protected monuments’ and empowerers
the Central Government, by a notification in the official
Gazette, to declare an ancient monument to be a protected
monument under the said Act. Section 11 enjoins that the
Commissioner shall maintain every monument in respect of
which the Government has acquired any of the rights
mentioned in Section 4 or which the Government has acquired
under Section 10 etc.
It would, therefore, be manifest that all ancient and
historicl monuments and all archaeological sites and remins
or any structure, erection or monument of any tumulus or
place of interment shall be deemed to be ancient and
historical monument of archaeological sites and remins of
national importance and shall be so declared for the purpose
of Ancient Monuments Act if they have existed for a century;
and in the case of a State monument, of State importance
covered by the appropriate State importance covered bythe
appropriate State Act. The point of reference th these
provisions is that an ancient monument is of historical,
cultural of archaeological or sculptural or monolithic of
artistic interest existing for a century is of national
importance of State importance. In other words, either of
them are required and shall be protected, reserved and
mintained as national monuments or State monuments for the
basis which not only gives pives pride to the people but
also gives us insighi into past glory of our structure,
culture, sculptural, artistic or archeaological
aignificance, artistic skills and the vision and wisdom of
our ancestors, which should be preserved and perpetuated so
that out succeeding generaitons learn the Skills of our
ancestors and traditions, cultural and civilisation. They
would have the advantage to learm our art, architecture,
ascethetic tastes imbided by the authors of the past and to
continue the same tradition for the posterity. Preservation
and protection of ancient monuments, is thus the duty of the
Union of India and the State Government concerned in respect
of ancient monuments of national inportance or those of
State importance respectively to protect, preserve and
maintain them by preserving of restoring their original
conditions.
Coming to the birth, the improvements and the existence
of the Viceregal Lodge, we have the graphic account in that
behalf by Edward J.Back in his `Simla Past and Present’.
Before adverting to it, it is of importance to note that
Simle is a beautiful Hill Resort on the small spurs of the
lower Himalayas. At the beginning of the last century,
though Simla did not find place in the world tourist map and
remained a small village taken by the British from the Jhind
Rana in 1855 and then given to Maharaja of Patiala for the
assistance rendered to the British in the Nepal War.
Maharaja of Patiala maintained Simla as a samatorium. The
British, therafter, had stationed their Commander of the
North-Eastern States at Simla. Captain Charles Pratt was the
first foreigner sent as Superintendent of the Hill States.
He was stationed at Simla. After survey of the area, the
Britishers discovered the beauty and grandeur of Simla and
the hills and developed it as a hill resort and ultimately
summer resort by shifting the administration from Calcutta
and later from Delhi. The first Government General, the Earl
of Smherst, for the first time, visitied Simla and stayed in
the house of Captain Kennedy, namely, Kennedy House.
Thereafter successive Governor Generals and Viceroys
continued to successive Governor Governor generals and
Viceroys continued th stay, apart from Viceregal Lodge, for
some time, in various houses by name Bentinck Castle,
Auckland House, Strawberry Hill, Peterhof. Ultimately, as
stated earlier, Earl of Dufferin had the building plas
approved and got constructed the Viceregal Lodge and entered
for the first time into the House. The structural and
magnificent furmishing done to the Viceregel Lodge finds
expression delienated in Buck’s “Simla Past and Present”.
Lady Dufferin mentioned in her diary, seeing the furnished
building on Sunday, 15th July, 1888 as under;
“I went to the new house this
afternoon, and it did look lovely.
It was one of Simla’s most
beautiful moments, between showers,
when clouds and hills, and light
and shade, all combine to produce
the most glorious effects. One
conld have spent hours at the
window of my unfurnished boudoir,
looking out on the plains in the
distance, with a great river
flowing through them : at the
variously shaped hills in the
foreground, brillinatly coloured in
parts, and softened down in others
by the fleecy clouds floating over
them of nestling in the valleys
between them or nestiling in the
valliys between them. The
approaching sunset, too, made the
horizon gorgeous with red and
golden and pale-blue-tints. The
result of the whole was to make me
feel that in is a great pity that
we shall have so such magnificent
views.”
On 23rd July, 1888, they returned to the building and
mentioned as under:
“We are sending things up to the
house and hope to sleep in it on
Monday. We really inhabit the new
viceregal Lodge today (23rd July,
1888) so I left the old directlu
after breakfast, just returning
there for an hour at lunch time,
and busied myself whole day
arranging my room and my things,
and the furniture in the drawing-
room. Happily the weather was very
tolerable, and our beds got up here
dry, D. and the girls did not come
near the place till dinner time,
when everything was brilliantly
lighted up by the electric lighting
up and putting out of the lamps is
so simpe that it is quite pleasure
to go round one’s room touching a
button here and there, and to
experiment with various amounsts of
light. Afrer dinner we went down to
look at he Kitchen, which is a
splendid apartment, with white
tiles six feet high all round the
walls, looking so clean and bright.
We sit in the smaller drawing-room,
which is still a little stiff and
company- like, but it will soon get
into out ways and be more
comfortale.”
On August 8, 1888, they had first entertainment in the
new house and the book contains its account as under:
“We had our first entertainment in
our new house tonight. It looked
perfectly lovely, and one could see
that every one was quite astonished
at it and at the softness of the
light. First we had a large dinner
for sixty-six people at one long
table. The electric light is
enough, but as candelabra ornament
the table we had some on it. At one
end of the room there was a side-
board covered with gold plate,
etc., end at the other end double
doors were open, and across the
ball-roomb one saw the band which
played during dinner. We had all
the Council and ‘Personages” of
Simla, and the minister, Asman Jha,
from Hyderabad, who brought his
suite. After dinner people began to
arrive for the dance. When not
dancing, everyone was amused
roaming about the new rooms, and
going up to the first floor, whence
they could look down upon the
party.”
“Vicregal Lodge possess, as it
rightly should, one of the most
commanding position in Simla. It
lies to the extreme west of the
station, and is one of the first
objects to strike the eye as the
traveler approaches from Kalka.
Described briefly it consists of a
main block of three stories, and
another called the Kitchen wing, of
five storeys, but the latter is
built on the side of a precipice,
and commences three storeys below
the ground level of th emain block
an deast wing; so that viewed from
the north-east the house has a very
lofty, somewhat forbidding
appearance, and might at a distance
be mistaken for a medieval castle.
The style of architecture
throughout is English Renaissance
(English Renaissance (Elizabethan),
the masonry of the walling is light
blue limestone, and the wrought
stone work is all of sand stone of
a very fine grain and beautiful
light gray tint. This stone is
uniform in texture, an dis capable
of being worked to very short
arises; the moulding are all true,
and where carving has been carried
out it is bold and sharp. Very
litle stone carving has been used,
but what there is of it relieves
the plain parts, and is very
effective. The walling stone was
quarred about five miles away and
was transported to Simla on mules,
but much of this was found to be
porous and was replaced with hard
stone from kalka and sanjouli at a
cost of nearly a lakh and a
quarter. The cut stone was brought
in for 50 miles from th efool of th
ehills near kalka. Carrying on the
labour in the winter was a matter
of much difficulty as the masons
refused to work except for
extremely high wages, while
carpenterrs were not obtainable at
any price. A small tower surmounts
the house from which flies the flag
which denotes the presence of the
Viceroy in Simal. In this tower are
the water tanks into which is
pumped the supply from the
municipal mains, and the view from
its summit on a clear day is
magnificent. To the northe, and
north-east particularly, the ranges
of perpetual snows are seen to
great advantage over the peaks of
the nearer ranges, while on the
west, especially in the rains,
there is grand view of the plains,
wi;th the sutlej winding away in
the distance. The house, grounds,
and approaches are now lighted by
electricity. There are about 1,000
lamps, the majority of 16 candle-
power, and the engines which used
to supply the power situated near
the main entrance gate and close to
the stable range. This shed has
since been dismantled and is
convereted into a transformer room
on the ground floor, with the
offices of the Superintendent of
Viceregal Lodge on the first
floor.The engines were sold and
replaced by a taransformer. Inside,
the house is entrance hall, with
its gallery leading to the ball-
room, being perhaps the feature.
This gallery is fifty feet in
height, ninety feet long, but only
eighteen feet broad, which is
really much too narrow.
The woodwork, however, is
beautiful. For instance, the
treads, newels, and handrails of
the main staircase are of teak, the
blusters are solid walnut, the
carriages and concealed portions of
the framing of the stairs are of
deodar, some of the carving being
very bold and efective. Heavy
velvet curtains divide the galler
from the ball-room, an apartment
seventy feet by thirty feet with a
side annexee seventy feet by ten
feet on the west, and a vestibule
seventeen feet by thirty feet on
the east. These really are a
portion of the room as they
communicate with it by large
openings twenty feet wide. Another
velvet curtain hangs ovet opening
to the the state drawing-room
,sixty feet by thirty feet, a
chrming room, with the wall panels
hung in silk tapestry and the
woodwork painted white. The upper
part of th egallery is hung with
Japanese paper in white and gold
heavily embosse. Perhaps the state
dining-room appeals most to the
ordinary visiter. This is panelled
all round ten feet high with teak,
the upper two feet being in pierced
strap work, and supporting the
shields charged with the armorial
bearings of the several Governors-
General and viceroys of India, all
illuminated in the proper heraldic
colours. These now make a splendid
decoration. The walls are divided
by means of pilasters supporting
the ceiling beams, and their upper
portion is hung with crimson silk
and woolen tapestry, while there is
a good deal of bold carving in the
room. On the Occasion of a state
dinner the scene is a particularly
brilliant one. The furnishing of th
ehouse was originally done partly
by Messrs. Maple & Co. who sent out
their assistants for the purpose;
many of the simpler articles,
however, were made by punjab
carpenters whose work was
excellent.”
Lord Lansdowne, during his term of office made
improvements and the grounds surrounding the house were
planted out with trees and shrubs. Many improvement which
were designed mainly for t h epurpose of garden parties were
carried out under the supervision of Mr. A. Parsons, the
English Authority on gardening in Simla. The Viceregal
entertainments were conducted in large scale.
When Lord Curzon took over th echarge in 1889, Lady
Curzon look interest in renovating the building. She got
hung damask, sky-blue and pale green in the two drawing
rooms, yellow in the ball room. Most pleasant part of th
ehgouse was, in their view , its grounds and Lord Curzon
added to them an avenue of limes; the rose `pergola’ which
was such a typical feature of many large Victorian gardens
and parks, was designed by Lord Curzon. Lady Curzon felt
that “a look out of the windows makes up for it all, and I
can live on views for five years “(as mentioned in “A Hill
Station Simla in British India’s by pat barr and Ray
Desmond. In this behalf, it is of interest to note that the
British authors have not lost their gratitude to mention the
native people, their glamour and simplicity. One of the
greatest Telugu poets. Sri Sri in his ` Mahaprastayan’had
said that the beauty of Taj Mhal cannot be measured by the
Emperor Shahjahan’s pointed of view who got it constructed
in memory of his beloved queen Mumtaj mahal; but from its
delicate craftsmanship and carvings of the workers,
architects and the masons who built the mantion, the world
renowned national heritage of our nation. Similarly,
reflections can be found from th emasons, the men and women
who built the Viceregala Lodge under the supervision and
guidance of Mr. Henry Irvin, the Architect, and the Chief
Superintendent fo the work assisted by Mr. F.B. Harbert and
L.M. Seth clay as Executive Engineer and M/s A.Scott T.
Macpheryn and T. English Assistant Engineers as mentioned by
Mr. Edward J. Buck in his Second Edition recorded from th
ediary of lady Dufferin on July 16th 1887 as under:
“D. took Hermie and me all over the
house in the afternoon. We climbed
up the most terrible places, and
stood on single planks over yawning
chasms. The workpeople are very
amusing to look at especially the
young ladies in neckless,
bracelets, earrings, tight cotton
trousers, turbans with long veils
hanging down their backs, nd a
large earthen-were basin of mortar
on their heads. They walk about
with the carriage of empresses, and
seem as much at ease on the top of
the roof as on the grounmd-floor;
most picturesque masons they area.
The house will really be beautiful,
and the views all round are
magnificent. I saw the plains
distinctly from my boudoir window,
and I am glad to have that open
view, as I shall not then feel so
buried in the hills.”
Thus, the great Indian masons, men and women had built
the magnificent ancient monument with their hear, sweat and
labour to be enjoyed by the Viceroys/Governor Generals who
conquered the country because of disunity among th eIndian
rulers and because some rulers connived with the British
forces. Disintegration fo the Society was on account of
regional and religious differences, caste structures and
,ostly personal feuds and rivalries among the Rajas and
Maharajas themselves.
As stated hereinbefore, the freedom movement was
launched in a non-violent manner, the Father of the Nation,
Gandhiji called by the people with love “Bapuji” and
sustained as people’s movements was carried on over years at
the sacrifice of life of numberless patriot men and women.
The Viceregal Lodge witnessed two historical conferences
held by the Indian leaders with the Viceroy/Governor General
and in particular Lord Mountbaten who was instrumental in
handing over the Bharat to us. The ancient India got
dissected into two parts, viz., Bharat and pakistan, due to
two-nation theory successfully campaigned by Sri Jinnah on
behalf of the Muslims, who later regretted for the damage
done by him to the great nation. The emergence of two
nations ultimately resulted in the halocaust of communal
disturbances and loss of lives of innocent British Indians
who included both Hindus and Muslims. In this behalf, in
‘Freedom at Midnight’ by Larry Collins and Dominique
lapierre it is mentioned in Chapter VI titled “A Precious
Little place, Simla, May 1947” precluding the the events
leading to the division of India. It is mentioned therein
that during may 1947, Lord Mountbetten had stationed himself
in Simla in this very Viceregal Lodge. The authors have
narrated their research in the following words:
“Each year in mid-April when the
warm weather arrived, the Viceroy’s
departure for Simla in his white
and gold viceregal train signaled
that the mountain capital’s season
had begun.”
It is mentioned at page 123 that “Much of that old
Simla was already was already gone by the time Louis
Mountbatten arrived in early may 1947. Now an Indian could
even wald down the Mall-provided he was nto wearing the
national dress of his country.” Earlier, Idians were
prohibited from going there. “Simla changed with an easily
foreseen rapidity after independence. The Indians, because
of its connotations, abandoned it as their summer capital
The only thing which remains of th eold Simla, ‘M.S. Oberoi,
owner fo th ececil’s Hotel and Chairman of Oberoi’s Hotels
Ltd., lamenated in 1973,`is the climate’. The Viceregal
Lodge also was used as a parat of the Legislative wing for
th esummer session fo parliament and it, therefore, has the
laste of transacting legislative business with the Indian
legislators partly composed with the British Administrators
Lord Mountbatten had finalised the Plan in Simla to divide
India into three countries, namely, Bengal, composed of
East and West Bengal, Pakistan and India, apart from
retention of the respective areas had by; named rulers. a
graphic account was given as to how Lord Mountbatten had his
plan secretly disclosed, by inviting pandit Jawaharlal
Nehru, the first prime Minister, who was a very close friend
of Lord Mountbatten and an important spokesman on behalf of
the congress party, to Simla. Lord Mountbatten had shown his
plan of division of India. The violent reaction fo Panditji
was noted as mentioned at page 126 as under:
“The British had run India for
three centuries with the
byword`Divide and Rule’. They
proposed to leave it on a new one:
‘Fragment and Quit’.
Whitefaced,shaking with rage, Nehru
stalked into the bedroom of the
confident krishna Menon who’d
accompanied him to Simla, with a
furious gesture, he hurled the plan
on to his bed.”
“It’s all over!’s he shouted.”
Because of the reaction of Panditji to such a division
of India, Mountbatten realised that he cannot succeed in his
effort to hand over the power to the people in
fragmentation.Therefore, he redrafted the plan and at the
call of th ethen prime Minister, Mr. Atlee, he went to
London, had discussions and ultimately succeeded to divide
the country as India, i.e., Bharaata and pakistan; and
Independence Act was enacted by British Parliament in
conclusion. It would, thus, be seen that Viceregal lodge, as
stated earlier, is a mute witness to the destruction of
Indians, their subjugation as subject fo British empire who
ruled the country for over three centuries by ‘divide and
rule’ The agony of the Indians and the glory of the British
empire and the Simla as its summer seat for the Asian
British empire was witnessed by this Viceregal lodge.
Equally, it is also a witness to heralding of new era of
independence though the ancient India was fragmented into
two nationsw, namely, India, i.e., Bharat and Pakistan.
India, thus became a sovereign, socialist, secular
democrataic republic under a written constitution. Democracy
is its basic feature; Constitutionalism, rule of law and
democratic governance as basic means to establish an
egalitarian social order in which every citizen of Bharata
is entitled to enjoy justice social, economic and political
liberties, and equality of status and of opportunity, with
dignity of person and fraternity among all the sections of
the society as an integrated Bharat. Such being the historic
evidence furnished by a Viceregal Lodge, is it not the duty
of the Indians and of the Government of Indian to preserve
Viceregal Lodge as a monument of national importance for the
posterity of the historic evidence so that every Indian
citizen while visiting Shimla would have the glimpses of it
to recall the fully of disunity, teaching us the lesson of
being united so as not to destroy ourselves once over and
lose democracy and liberties on account of disunity,
dishaormony on ground of religion, region, caste, language
and denial of al opportunities. The facilities to our own
weaker segments of the society’ of equality of opportunities
and of status to improve excellence in chosen facets of the
respective lives. Answer is obviously `yes’. If we forget
the past and repeat the same mistake, we would stand to lose
our nation’s unity and integrity; stand to lose our nation’s
unity and integrity; stand to lose the opportunity to
integrate into the world our great democratic Bharat
Republic. Viceregal lodge teaches us these lessons and it is
for all of us, individually and collectively, to learn,
awake, arise and work for integration, unity and fraternity,
which are our fundamental duties.
In this backdrop, when the writ petition was filed by
way of public Interest litigation, this court issued rule
nist on Novemberr 19,1990 to all the respondents. Initially,
a stand was taken in the counter-affidavit filed by the
union of India that they had decided to use a part of the
area for commercial purpose and the rest of the main
building to maintain and restore the glory of the Viceregal
Lodge. Thus the decision to convert the historical building
into a tourist hotel was sought to be justified on the
ground that the Ministry of Tourism has encoraged a scheme
of heritage resorts which essentially means preservation of
the old properties and their use in such a limited
commercial manner so as to generate enough sources to ensure
that the properties will not crumble. As regards the
construction of Five star Hotel in the area,
it is stated thus:
“The premises may not necessarily
be converted into a five stat hotel
as commonly known but the concept
plan will be more of a heritage
resort, which would enhance and
project the cultural identity of
the area instead of destroying it,”
This Court was not satisfied with the counter-affidavit
filed on behalf of the Government of India. Therefore, it
gave directions on November24, 1995 to have the matter
reconsidered by the Cabinet sub-affidavit was again filed on
January 22,1996 stating that “In August 1982,the union
Cabinet took a decision that the Indian Institute of
Advanced Studies which is housed in the Rashtrapati Nivas
building should be shifted to some other building in
Shimla”. It was further stated that “At a subsequent cabinet
committee meeting held on 8th May, 1990, it was decided that
the entire campus earlier known as viceregal Lodge may be
transferred to the Ministry of Toruism for being developed
as a major tourist resort by the ITDC with the stipulation
that the main building will not be used for tourist
purposes. It was also decided that the Institute of
Advanced Studies which is housed in te campus of the
Rashtrapathi Nivas Estate may be shifted to an alternative
site offered by the Government of Himachal Pradesh.” “IN
February, 1992 the matter was further discussed by the
committee of secretaries and the earlier decision was
amplified to the effect that the main Viceregal Lodge with a
part of the appurtenant land should be preservad and
mantained as a national museum and th esurrounding land may
be handed over the Ministry of Tourism for development of a
tourist resort.” Therefore, it was stated that “it owuld be
unnecessary for the matter to be taken to the Cabinet once
awgaing for a decision about the preseration of the main
building and the appurtenant land as heritage oroperty”. It
was also stated that there were “no plans for the
development of any part of the Rashtrapati Nivas estate into
a five-star hotel complex. No plan for any such purpose has
been discussed or finalised nor has any budgetary allocation
been made for the said purpose in the Eighth Five year
plan”. The last pare itself is a manifest of the intention
of the Government that its usein future as a tourist resort
had not been ruled out. As a consequence, by Order dated
February 27,1996, this Court stated thus:
“the Chief Engineer of the CPWD, In
charge of the maintenance of Vice
Regal Lodge has brought to the
Court echology album of the entire
area. it was stated that around the
buildinig, as at present, there is
no proposal for construction fo
tourism hotels as originally
proposed, but there is a direction
of the Division Bench of the Shimla
High Court directing the Secretary,
Human Resources Developments and
Urban Development should decide as
to what is the extent of
appartenant land around the
building beyond which the CPWD
intends to construct quarters and
office building for the employees
transferred and stationed there or
which is part of the property lease
dout to the Institute of Advance
Studies.”
This Court observed that since th eGovernment of India
had admitted in the counteraffidavit that the building part
of the appurtenant land would be preserved as National
Monuments by the Archaeological Department, the question
that had arisen was what would be the appurtenant land. The
court was informed that around 65 acres was the land near
the main building at th eovservatory hill and 25 acres of
the land was situated elsewhere at prospect hill. This Court
indicated to the learned senior counsel for the respondents
that the appurtenant land which was kept vacant, as was
admitted in their counter-affidavit, should be 25 acres
surrounding the entire building. The Court directed that if
the said land is used for any other publci purpose, lide
establishment of tourist hotels or office buildings, which
was originally proposed and resolved by the cabinet
Resolution, the same should be beyond that area and that too
without contravention fo the Forest Act and other relevant
laws. The counsel sought and was granted time for producing
tentative plan proposed by them without touching the
appurtenant land. When the matter had come up for next
hearing on April 3,1996 counsel was not present and,
therefore, the matter was adjourned indicating that in case
of non-appearance, appropriate orders would be passed.
A Counter-affidavit dated April 26,1996 was filed on
behalf of the Government of India stating therein that a
meeting of the Secretary, Department of Urban Development,
Secretary, Ministry of Uraban Affairs and Employment,
Secretary, Department of Education, Ministry of Human
Resources Development, Joint Secretary, Department of
Tourism, Ministry of Civil aviation and Tourism and other
officials concerned with the matter had met on 22nd March,
1996 and decided as under:
“a) The Appurtenant land arond
Rashtrapati Niwas (on the
observatory Hill) was agreed to be
24.27 acres. This was determined
both from the engineering angle and
with a view to protecting the
natural surroundings of the
Rashtrapathi Niwas. It was also
agreed that the building of
Rashtrapti Niwas and the
surrounding appurtenant area will
be earmarked as a “heritage area”
whereinno construction activity
should be permitted or undertaken.
b) Om regard to the area outside
the heritage area, a master plan
would be prepared by the Ministry
of Urban Affairs and Employment
(Department of Urban Developemt )
in consultation with Ministry of
Human Resources Developmet Civil
aviation and Tourism (Department of
Tourism), Ministry of Environment
and Forest and concerned local
agencies like the shimal Municipal
corporation, The Town planning
Department and the state Forest
Department, so as to ensure that
the environment and ecology of the
are ais preserved and no activity
be taken which may endanger the
environmental position.
c) In regard to the remaining part
of Rashtrapati Nivas Estate (on
Prospect Hill) the land could be
put to such use as the Government
may determine from time to time,
subject to the due compliance with
the applicable law including the
Forest Act, Town Planning Act,
Local Municipal Law and others.”
It was further stated therein that the as per the
detailed plan of the Rashrtapati Niwas Estate placed before
this court, the designated boundary of the Rashtrapati Nivas
Building with the appurtenant land agreed upon as “heritage
area” was shown by a broken line in brown colour. The area
therein suggested was 24.27 acres in place of 25 acres, to
be preserved within the natural boundaries formed by the
roads encircling Rashtrapati Nivas. On may 6, 1997 learned
counsel for th epetitioner was directed to verify and make a
report with regard to the plan submitted and whether any
further modification was required. Counter-affidavit
accompanied by the reports was filed on behalf of the
petitioner stating that the Viceregal Lodge consists of an
area of 90 acres which included ancillary buildings that
constituted the whole estate of the viceregal Lodge. The
said buildings namely, Corzon House, Del Ville, Bilaspur
House, Bilaspur Cottage and Squires Halla have not been
included in the plan submitted by the Government and they
were not included within the heritage area. It was also
stated that the viceregal Lodge, as suggested by Intact
requires repairs for the upkeep of the said monument and the
said building requires to be notified as a protected
monument and the memorabilia awithin the Lodge should be
notifies as protected antiquities. A report in support was
also accordingly filed. As a large part of the building
requires repairs, preservation adn restoration to their
original form, for effectuating the grandeur and beauty of
th ebuilding, direction was given to look into the
objections raised in the enclosed report and th ematter was
adjournd. After compliance thereof, a report has been
submitted demarcating the area and identifying th
econtiguous land in th eplan appended to the report but
notification in that behalf had not been issued. Therefore,
by proceedings daated August 19,1996, the Government of
India was directed to notify the entire area of the
Viceregal Lodge as a protected ancient monument. After
several adjounmants, ultimately the notification came to be
issued on 6th May, 1997 with the boundaries as directed in
the orders and mandamus in that behalf stands complied with.
Thus, the protection and preservation of Viceregal Lodge and
the appurtenant land as historical heritage has become faite
accompli by orders of this Court.
It is needless to mention that as soon as the Indian
Institute of Advance studies vacates the building and hands
it over to the Archaeological Department, the Government
should provide the necessary budget for effecting repairs
and restoring to the building its nataural beauty and
grandeur. It is also necessary that its proper maintenance
and preservation is undertaken as an on-going process to
protect the historical heritage and needed repairs are
effected from time to time. We avail this opportunity to
direct the Government of India to maintain all national
monuments under the respective Acts referred to above and to
ensure that all of them are properly maintained so that the
cultural and historical heritage of India and the beauty and
grandeur fo the monuments, sculptures secured through
breathless and passionate labour workmenship, craftsmanship
and the skills of the Indian architects, artists and masons
is continued to be preserved. They are pride of Indians and
places of public visit. The tourist visitors should be
properly regulated collection of funds by way of
admission/entrance fee should bt conscientiously accounted
for and utilised for their upkeep and maintenance under
respect regulations/rules. Adequate annual budgetary
provisions shoudl be provided. In this behalf, it may not be
out of place to mention that if one goes to Williamsburg in
United states of America, the first settlement of the
Britishers therein is preserved as a tourist resort and
though it is one in th erow, its originality is maintained
and busying business activity goes on in and around th earea
attaracting daily hundreds of tourists from all over the
world. Similar palces of interest, though of recent orign,
need to be preserved and maintained as manifestation of our
cultural heritage or historical evidence. Similar efforts
should also be made by the Government of India, in
particular the Tourism Department, to attract foreign
tourists and to give them good account of our past and
glory of the people of India, in particular the Tourism
Department, to atatract foreign tourists and to give them
good account of our past and glory of th epeople of India as
message to other countries and territories. Equally all the
State Governments would do well vis-a-vis monuments of State
importantm though given power under Entry 12, List II of the
Seventh Schedule to the Constitution. From this perspective,
the petitioner has served a great cause of national
importance and we place on record his effort to have the
Viceregal Lodge preserved and maintained; but for his
painstaking efforts, it would have been desecrated into a
Five Star Hotel and in no time “We, the people of India”
would have lost our ancient historical heritage.
The writ petition is accordingly disposed of.
