JUDGMENT :

Tarlok Singh Chauhan, J.

Spread across seven hills in the northwest Himalayas among lush valleys and forests of oak, rhododendron and pines is 'Shimla' the capital of Himachal Pradesh that once was the summer capital of colonial India.

2. The Town and Country Planning Department introduces heritage of Shimla in the following manner:-

"Perceived and established by the British during colonial period in first half of 19th century as their Summer Capital, Shimla acquired global fame by the time they left in the year 1947. At the dawn of independence, Shimla was known as 'Capua of India', the Indian Mount Olympus, the Viceroy's "shooting box" "Home of the heaven born", "abode of little tingods". It was popularly known as "Jewel of Orient", "Queen of Hill Stations", "Star of Hill Resorts" and "Town of Dreams". Located at a commanding site in the interior Himalayas, connected by road, rail and air, it has traditionally been a preferred destination for tourists from all over the world. Thousands of miles away from their mother land, amidst picturesque Himalayan environs, Shimla can be called 'a Wonder of Colonial Era'. The British established many architectural masterpieces such as