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Landmark interim order: Himachal High court bars food court in Shimla’s Town hall for heritage protection
Shimla, Jan 10
The Himachal Pradesh High Court issued a landmark interim order today, restraining the operation of the food court in the Town Hall on the Mall Road in Shimla. The Division bench, consisting of Chief Justice MS Ramachandran Rao and Justice Jyotsna Rewal Dua, delivered a 40-page order, emphasizing the significance of preserving the historical landmark.
” Irreparable loss and injury shall be caused to the heritage property and in turn to the public at large in case respondents no. 5 and 7 are permitted to continue to run the food court there. Therefore till the next date of hearing, respondents no. 5 & 7 are forthwith restrained from operating, running the food court in the Town Hall, the Mall Shimla.
The Commissioner Municipal Corporation Shimla is directed to ensure immediate compliance of this order,” stated the order.
The petitioner, practicing lawyer Abhimanyu Rathore, had filed a plea against the Himachal Pradesh Government, Shimla Municipal Corporation, and the Devyani group, which operates the food court at the heritage Shimla Town Hall.
The court acknowledged the Town Hall as a coveted historical landmark renovated at great cost with funding from the Asian Development Bank. Emphasizing the public trust associated with heritage sites, the court stressed the need to preserve such treasures, citing the Town Hall’s status as a witness to an antique era.
Expressing concern that running a food court in the iconic building would jeopardize its heritage value, the court deferred the hearing until March 14, 2024, and directed the Commissioner of Municipal Corporation Shimla to ensure immediate compliance with the order.
During the hearing, the court noted that the respondents, including the Advocate General Anup Rattan and counsels for Shimla MC, the heritage committee, and the Devani group, failed to address crucial questions raised during the two-day proceedings. The court found that the overwhelming public interest in preserving the heritage property outweighed the private interests of respondents No. 5 & 7.
As a result, the court promptly restrained respondents No. 5 & 7 from operating the food court in the Town Hall, Mall Road Shimla, until the next hearing. The Commissioner of Municipal Corporation Shimla was tasked with ensuring immediate compliance.
Despite the extensive hearing, several questions remained unanswered by the official respondents, prompting the court to direct the State Heritage Advisory Committee to investigate and submit a report on various facets of the case by the next hearing. The petitioner was also given the opportunity to file a detailed rejoinder to the responses provided by the respondents before the next listing date.
Also read: Public outrage as residents unhappy over Shimla heritage Town Hall lease
The court urged the Heritage Committee to thoroughly examine all aspects related to the use of the ground floor of the Town Hall, and requested the cooperation of concerned authorities in supplying any necessary documents, records, or assistance needed for the committee’s assessment.
The matter is now listed for hearing on March 14.
Noteworthy that the said Town Hall was once the seat of the country’s oldest Municipal Corporation. It has now been leased out to accommodate a commercial food court. The building, which holds immense historical significance, is currently holding commercial activities on one of its floors.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
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