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Himachal Pradesh High Court prohibits operation of food court in the Town Hall Shimla

In a significant ruling today, the Himachal Pradesh High Court has prohibited the operation of the food court and high-end café located in the Town Hall Shimla, situated on the Mall Road Shimla. The Division bench of Chief Justice MS Ramachandran Rao and Justice Jyotsna Rewal Dua issued a comprehensive 40-page order, instructing the Commissioner of Municipal Corporation Shimla to promptly enforce this directive. The court has postponed further hearings on the matter until March 14, 2024.

The petitioner, practicing lawyer and advocate Abhimanyu Rathur, filed the plea against the Himachal Pradesh Government, Shimla Municipal Corporation, and the Devyani group, which operates the food court in the historic Shimla Town Hall.

Emphasizing the Town Hall’s status as a prized historical landmark renovated with funds from the Asian Development Bank, the court stressed the importance of preserving heritage sites held in public trust. It argued that allowing a food court in the iconic building would jeopardize its heritage value.

The court found that the public interest in preserving the heritage property outweighed the private interests of the food court operator and provider. It expressed concern about irreparable damage to the heritage property and ordered the petitioner to submit a detailed rejoinder before the next hearing.

The court, acknowledging the prima facie view that a food court could harm the heritage property, directed the Advocate General to involve the State Heritage Advisory Committee for a comprehensive examination and report.

Notably, the Municipal Corporation, after regaining possession of the Town Hall from 2014 to 2022, decided to utilize its ground floor for a ‘high-end café.’ Bids were invited in 2020, and the HP Infrastructure Development Board managed the leasing process. The current Shimla café, operated by the Devyani group, faces closure due to this court order, impacting the conglomerate’s nine food chains.

One thought on “Himachal Pradesh High Court prohibits operation of food court in the Town Hall Shimla

  • Sharad Pant

    On the name of preservation the authority are ruining the old heritage. The Archilogi department don’t have sufficient funds to maintain the heritage building/ monuments. Then what is wrong if has used for commercially. Many places, forts are converted into hotels and that is why they are in good shape. Court should understand this facts.

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