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

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

Viceregal Lodge, having historical and architectural significance and meeting statutory definitions, must be preserved and protected as a national monument; the Government must ensure ongoing maintenance and adequate budgetary provisions as ordered by the Court.

Parties
Petitioner: Rajeev Mankotia; Respondents: The Secretary to the President of India and Ors.
Jurisdiction
India
Judgment Date
27 March 1997
Procedural Posture
Writ Petition (c) No. 862 of 1990 / Final Disposition
Outcome
Petition disposed of
Legal Topics
Protection of Historical Monuments, Duty of State and Union for Preservation, Public Interest Litigation, Ancient Monuments Act
Constitutional Law Heritage Law Administrative Law Protection of Historical Monuments Duty of State and Union for Preservation Public Interest Litigation Ancient Monuments Act

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Parties

Rajeev Mankotia

Petitioner

The Secretary to the President of India and Ors.

Respondents

Procedural Posture

Writ Petition (c) No. 862 of 1990 / Final Disposition

Legal Issues

  1. 1 Whether the Viceregal Lodge at Shimla should be declared and preserved as a protected ancient monument of national importance
  2. 2 Duty of Union and State Governments to preserve and maintain monuments of national and State importance

Ratio Decidendi

Viceregal Lodge, having historical and architectural significance and meeting statutory definitions, must be preserved and protected as a national monument; the Government must ensure ongoing maintenance and adequate budgetary provisions as ordered by the Court.

Court Disposition

Petition disposed of

Orders

  • Government of India directed to notify the entire area of the Viceregal Lodge at Shimla as a protected ancient monument.
  • Mandamus complied with; notification issued on 6th May, 1997.