SATINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Viceregal Lodge at Shimla has been the subject-matter of a number of writ petitions. At one stage there was a proposal to turn this building into a five star hotel. One Rajeev Mankotia thereafter filed a Writ Petition (C) No. 862 of 1990 in the Supreme Court of India. This petition was disposed of by an erudite judgment reported in Rajeev Mankotia v. Secretary to the President of India and others, AIR 1997 SC 2766.

(2.) After the Shimla became the summer capital of British India there was a move to find a suitable site and build an appropriate residence for the Viceroy of India. The Viceregal Lodge was built at the present site and the 17th Viceroy, Earl Dufferin, was the first Viceroy to occupy the premises. The history of the building has been in encapsulated by the Apex Court in para 2 of the aforesaid judgment which reads as follows :-

(3.) The Apex Court after considering the provisions of the Ancient Monuments and Archaelogical Sites and Remains Act, 1958 (for short the Ancient Monuments Act) and also keeping in view the importance of the building in the historical context of the various important decisions and meetings which had taken place in the building and the manner in which the building was inextricably linked with the freedom struggle, felt that such a historic building should not be allowed to be used as a hotel and should be preserved in its historical ambience and form. The Apex Court on 19th August, 1996 directed the Government of India to notify the entire area of Viceregal Lodge as a protected ancient monument and finally notification in this behalf was issued on 6th May, 1997. Thus the protection and preservation of the Viceregal Lodge and the appurtenant land and buildings as a part of historical heritage became a fait accompli by orders of the Apex Court. It was only due to the intervention of the Apex Court and the various orders passed by it from time to time that the Government of India declared the Viceregal Lodge Estate as an Ancient Monument within the meaning of Ancient Monuments Act. The Apex Court in the penultimate paragraph of its judgment had directed the Archaeological Department to take effective steps for repairing and storing the building in its natural beauty and grandeur.