RAJEEV MANKOTIA versus THE SECRETARY TO THE PRESIDENT OF INDIA AND ORS.

Citation: [1997] 3 S.C.R. 421 · Decided: 27-03-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Disposed off
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Judgment (excerpt)

• 
RAJEEV MANKOTIA 
v. 
THE SECRETARY TO THE PRESIDENT OF INDIA 
AND ORS. 
MARCH 27, 1997. 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Ancient Monuments and Archaeological Sites -and Remains Act, 
1958: Sections 2(a), 3, 4 and 11. 
Ancient Historical Monument of national importance-Duty of _ 
Govemment of India and State Govemment to protect-Held preservation 
and protection of ancient monuments is the duty of the Union of India and 
A 
B 
c 
the State Govemment concemed in respect of ancient monuments of national 
imp01tance or those of State impo1tance respectively to protect, preserve and D 
maintain them by preserving or restoring their oiiginal conditions. 
Viceregal lodge ui Shim/a-Historical background of-Decision of 
Union of India to conve1t the building into a tourist hotel while purporting to 
maintain the main part of building as historical resort-Wiit petition by way 
of public interest · litigation for projection and preservation of viceregal E 
lodg~ecision taken by Union of India and counter affidavit filed before 
Supreme Court-Stand taken by Union of India that with a view to projecting 
the building, the building and the surrounding appurtenant area will be 
eamiarked as a "heritage area" wherein no constniction activity would be 
pem1itted or undeJtaken-Outside the heritage area a master plan would be F 
prepared in consultation with other departments-ft would be ensured that the 
envfronment and ecology of the area is preserved and no activity be taken 
which may endanger the environmental position-Direction by Supreme Court 
to Union of India to notify the entire area of the viceregal lodge as protected 
ancient 111onume11t--Notificatio11 issued on 6th May 1997-Held protection 
and prese111ation of viceregal lodge and the appurtenant land has become f aite G 
accompli by orders of Supreme Court-Direction issued to Govemment to 
provide the necessary budget for effecting repairs-Proper maintenance and 
preservation to be undertaken as on-going process-Direction to Govemment 
of India to maintain all national monuments-Equally all the State Govem- • 
ments should do vis-a-vis monuments of State importance. 
H 
421 
422 
SUPREME COURT REPORTS 
(1997] 3 S.C.R. 
A 
Edward J. Buck, 'Simla Past and Present; Pat Barr and Ray Desmond, 
'A Hill Station-Simla in British India; Larry Collins and Dominique 
Lapierre 'Freedom at Midnight', referred to. 
ORIGINAL JURISDICTION : Writ Petition (C) No. 862 of 1990. 
B 
Under Article 32 of the Constitution of India. 
c 
Mr. Sudarash Menon for the Petitioner. 
V.R. Reddy, Additional Solicitor General, A. Subba Rao, Ms. Anil 
Katiyar, Y.P. Mahajan, N.K. Sharma and V.K. Verma for the Respondents. 
The following Order of the Court was delivered : 
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 after 
D sustained non-violent struggle by the Father of the Nation, Mahatma 
Gandhiji. Three Historical meetings between Colonial adminiStration and 
the r ndia leaders took place to discuss the issue of the India independence 
under the leadership of Mahatma Gandhiji, viz., (i) in June-July 1946 - the 
historical Cabinet Mission of the India leaders; (ii) in May-June 1947; and 
E (iii) the final one wherein historical decision was taken by Louis Mountbat-
ten for transition of the power conveying the proposal to the Indian leaders 
through Pandit Jawaharlal Nehru; that was followed by grant of inde-
pendence 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. 
F 
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 
G work went on till September 1988 which had the present shape of the 
building given by Earl of Marquis of Lansdowne 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 built with an exquisite Himalayan gray stones and personified the 
H English Renaissance of Elizabethian style of architecture. The beauty
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