High Court puts TCP Director, Shimla MC on notice

Legal Correspondent

Shimla, September 27

The HP High Court today issued notices to the Principal Secretary and the Director, Town and Country Planning, Shimla Municipal Corporation (SMC) and a private contractor on the issue of commercialisation of the heritage Town Hall building in the capital city by converting it into a high-end cafe.

A Division Bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua directed the respondents to file their replies and issued them notices on a public interest litigation (PIL) field by Abhimanyu Rathor. The petitioner alleged that the SMC had allowed the conversion of the heritage property into a high-end café in gross violation of the Ancient Monuments and Archaeological Sites and Remains Act 1958, Town and Country Planning Act, 1978, Municipal Corporation Act, 1994, and the provisions of the Shimla Interim Development Plan.

He contended that the SMC had floated a tender notice in 2020 for leasing the ground floor of the Town Hall for a high-end restaurant but could not find suitable bidders. Thereafter, the SMC had decided to delegate the responsibility of floating the tender notice to the Himachal Pradesh Infrastructure Development Board (HPIDB). Consequently, the HPIDB had issued a tender notice on February 26, 2022.

It was alleged in the petition that the private contractor was violating the heritage building norms by converting it into a high-end café. The petitioner urged the court to direct the Principal Secretary and the Director, Town and Country Planning, to restore the heritage building to its original form and shape in accordance with law and utilise it in the most appropriate manner that ensures its preservation and conservation.

The petitioner requested the court to direct the state government to initiate appropriate departmental proceedings against erring officials.