- (1.) Viceregal Lodge at Shimla is a harbinger of Colonial past, with architecturally grandeur and beauty of Elizabethian Era and stands a mute witness to the transition of independence to the people of India after sustained non-violent struggle by the Father of the Nation, Mahatma Gandhiji. Three historical meetings between Colonial administration and the Indian leaders took place to discuss the issues of the Indian independence under the leadership of Mahatma Gandhiji, viz., (i) in June-July, 1946 - the historical Cabinet Mission of the Indian leaders; (ii) in May-June, 1947; and (iii) the final one wherein historical decision was taken by Louis Mountbatten for transition of the power conveying the proposal to the Indian leaders through Pandit Jawaharlal Nehru; that was followed by grant of independence to the nation and the worst holocaust of communal disturbance due to partition of the great ancient nation into India, i.e., Bharat, and Pakistan.
(2.) The journey of Simla, Summer Capital of the Supreme Government, started in 1827 by the first Governor General, Earl of Amherst and Viceregal Lodge, the official residence built by the 17th Viceroy, Earl Dufferin, was occupied on July 28, 1888. Though Lord Dufferin and Lady Dufferin personally supervised its taking finished shape, its completion work went on till September, 1988 which led the present shape of the building given by Earl of Marquis of Lansdowne till 1889 - the only Viceroy who exclusively levied therein during his entire tenure i.e., from 10th December, 1888 to 26th June, 1894 in Summer Camp. The building was built with an exquisite Himalayan gray stones and personified the English Renaissance of Elizabethian style of architecture. The beauty and grandeur of the building is unique. The Viceroys/Governor Generals used this building as Summer Camp from April to October of each calendar year and the British ruled the entire India from this building. It was also used as part of Legislature Wing. Ultimately, after independence, it was renamed as Rashtrapati Niwas dawning with smile the freedom for Bharat and the Presidents of the Bharat Republic stayed therein as Summer Resort until Dr. Sarvepalli Radhakrishnan, the second President had it handed over to the Indian Institute of Advanced Studies in the year 1964. The President himself had inaugurated the Institute when Dr. Jakir Hussain, then as its Chairman, and who later became the President of India, had chaired the meeting. It thus furnishes the historical evidence of the Colonial holocaust unleashed on Indians and reflects upon the triumph of Indian nationalism; it has laid seed-bed to the end of the British colonialism. Whether such a building is required to be maintained as historical monument of national importance, is the question before us.
(3.) When Dr. Radhakrishnan, the President of India felt that since the President spent hardly 120 days in 10 years, i.e., 10 days a year, it was worthwhile to house the said Institute therein, instead of keeping the historical monument as idle building which would facilitate maintaining the grandeur and beauty of the building. However, the fact is that with the passage of time, it has faded out and lost its real beauty. While the Institute was being so, run, cruel decision was taken by the Cabinet of the Union of India to convert the building, a priceless treasury of our historical heritage, into tourist hotel, while purporting to maintain the main part of the building as historical resort. Feeling the inner voice of its ultimate destruction, the petitioner has knocked the door of this Court, and in our view rightly, to protect it as the historical heritage and to preserve for our posterity.;