JUDGMENT : Sanjay Karol, J. Directions in the present petition were issued for protecting and preserving the property of Indian Railways, notified as World Heritage Site. 2. We are in agreement with the learned Advocate General that the present proceedings need to be closed, more so for the reason that adequate measures for protecting the heritage status of the Kalka-Shimla Railway Line, so notified as World Hetitage by UNESCO, site stands taken by the authorities. Also, a Committee comprising of three persons, headed by Principal Secretary (Tourism) to the Government of Himachal Pradesh shall be constituted for ensuring that grants, either from the Central Government or International authorities, including UNESCO are received in accordance with law, online similar to the one in Darjeeling/Nilgiri. 3. Statement is accepted and taken on record. 4. We may observe that on 5th December, 2017, we had passed the following order:- “Principal Secretary (Art, Language and Culture) to the Government of Himachal Pradesh is impleaded as party respondent No. 10. Registry is directed to make necessary correction in the memo of parties. 2. Issue notice to the newly impleaded respondent No. 10. Mr. Anup Rattan, learned Additional Advocate, appears and waives service of notice on behalf of the said respondent. 3. Mr. B.C. Negi, learned Amicus Curiae, invites our attention to the decisions rendered by Hon’ble apex Court in Rajeev Mankotia Vs. Secretary to the President of India and others (1997) 10 SCC 441 and K. Guruprasad Rao Vs. State of Karnataka and others (2013) 8 SCC 418 , highlighting the importance and significance of protecting and preserving archeological sites and monuments. The ratio of law laid down therein would equally apply to properties identified as Heritage sites, more specifically in view of World Heritage convention held by UNESCO in the year 1972. In fact, with regard to said convention, the Hon’ble apex Court in para 10 of K. Guruprasad Rao (supra) has observed as under:- “10. In 1972, UNESCO held the World Heritage Convention. One of the decisions taken in that Convention was to appoint World Heritage Committee with the task of identifying the World Heritage Sites which were in danger. This was intended to increase the international awareness about the threat posed to certain world heritage sites and to encourage counteractive measures.
In 1972, UNESCO held the World Heritage Convention. One of the decisions taken in that Convention was to appoint World Heritage Committee with the task of identifying the World Heritage Sites which were in danger. This was intended to increase the international awareness about the threat posed to certain world heritage sites and to encourage counteractive measures. In the case of natural sites, ascertained dangers include the serious decline in the population of an endangered or other valuable species or the deterioration of natural beauty or scientific value of a property by man-made activities such as logging, pollution, human settlement, mining, agriculture and major public works. Ascertained dangers for cultural properties include serious deterioration of materials, structure, ornaments or architectural coherence and the loss of historical authenticity or cultural significance. Potential dangers for both cultural and natural sites include development projects, armed conflicts, insufficient management systems or changes in the legal protective status of the property. In the case of cultural sites gradual changes due to geology, climate or environment can also be potential dangers.” 4. Ms. Jyotsna Rewal Dua, learned Senior Advocate, who is also present in Court, invites attention of this Court to the criteria for selection of such World Heritage Sites and more specifically with regard to the Kalka-Shimla Railway (India) “No. 944 ter”. We find from the same that committee for selection established by UNESCO has traced the historical background of Kalka-Shimla Railway Line. Significantly, in the concluding part thereof, the Railway line in question was compared with that of the Indian Mountain Railways of Darjeeling and Nilgiri. At this stage, Mr. Negi, learned Amicus Curiae, assisting in the instant case, further invites our attention to the Operational Guidelines for the Implementation of the World Heritage Convention. 5. Let respondent No. 6 place on record the plan, prepared in terms of these guidelines. For the time being, let respondent No. 6 and Principal Secretary (Art, Language and Culture) to the Government of Himachal Pradesh file their affidavits.” 5.
5. Let respondent No. 6 place on record the plan, prepared in terms of these guidelines. For the time being, let respondent No. 6 and Principal Secretary (Art, Language and Culture) to the Government of Himachal Pradesh file their affidavits.” 5. Thereafter, on 11th December, 2017, we had passed the following order:- “While appreciating the efforts put in by the Indian Railways in taking steps for the preservation of the Heritage Status of the Kalka-Shimla Railway Line, so accorded by UNESCO and also appreciating assistance rendered thus far by Shri Shailendra Kumar, Senior Divisional Engineer-III, in the office of Divisional Railway Manager, Northern Railway Ambala Cantt., we are of the considered view that certain measures are still required to be taken both by Indian Railways as also the State of Himachal Pradesh in complying with the recommendations with respect to the inscription contained in the document Kalka-Shimla Railway (India) (4) No. 944 ter. Also for the maintenance and upkeep of the property, certain more measures are required to be taken. We clarify that the lis definitely is not adversarial in nature. All the stakeholders are required to work in unison so as to ensure that their synergy further optimizes the potential of the status so accorded to the property. Development, be it in the field of eco-tourism or engineering, must continue to be. Therefore, in this background, before proceeding further, we call upon Senior Divisional Engineer-III, in the office of Divisional Railway Manager, Northern Railway Ambala Cantt. to file his affidavit narrating therein chronologically the events culminating into conferment of World Heritage Status to the Kalka-Shimla Railway Line and the steps which are being taken by the railways to preserve and protect the railway line in issue. Needful be positively done within a period of one week. List on 20.12.2017.” 6. Pursuant thereto, we were informed that awareness drive for protection, conservation and cleanliness of Kalka-Shimla Railway line was undertaken by the H.P. State Legal Services Authority, Shimla alongwith other stakeholders and that adequate measures for protecting the status and the property would be taken. 7.
Needful be positively done within a period of one week. List on 20.12.2017.” 6. Pursuant thereto, we were informed that awareness drive for protection, conservation and cleanliness of Kalka-Shimla Railway line was undertaken by the H.P. State Legal Services Authority, Shimla alongwith other stakeholders and that adequate measures for protecting the status and the property would be taken. 7. In order to popularize the railway track and put it to its optimum use, on 29th May, 2018, we had passed the following order :- “We request the learned Amicus Curiae to get in touch with Himachal Pradesh State Legal Service Authority/all those officers who had undertaken the exercise of sensitizing the people and making them aware of need of preservation of Kalka-Shimla railway line, including the officers of Territorial Army and obtain report with regard thereto. Let Chief Secretary to the government of Himachal Pradesh as also Union of India to respond to “Project for Development of Trourist Friently Destinations, 2017”, termed as “Adopt a Heritage” ‘Apni Dharohar, Apni Pehchaan’ as initiated by Ministry of Tourism, Government of India within three weeks. We expect the authorities to take a view, which accounts for various factors and conditions, prevalent to the Sate of Himachal Pradesh.” 8. Affidavit of the Chief Secretary to the Government of Himachal Pradesh, dated 21st July, 2018 is on record, wherein it is averred as under:- “That in compliance to the orders dated 29.5.2018, it is submitted that the deponent-Chief Secretary has convened the meeting of all stakeholders, on 12.06.2018, in which the following officers had participated :- (i) Addl. Chief Secretary (Finance) to the Govt. of Himachal Pradesh. (ii) Addl. Chief Secretary (PWD) to the Govt. of Himachal Pradesh. (iii) Addl. Chief Secretary (Forests) to the Govt. of Himachal Pradesh. (iv) Secretary (Language, Art & Culture) to the Govt. of Himachal Pradesh. (v) Secretary (GAD) to the Govt. of Himachal Pradesh. (vi) Advisor (Planning), Himachal Pradesh. (vii) Commanding Officer, Army Training Command, Shimla. 5.
of Himachal Pradesh. (ii) Addl. Chief Secretary (PWD) to the Govt. of Himachal Pradesh. (iii) Addl. Chief Secretary (Forests) to the Govt. of Himachal Pradesh. (iv) Secretary (Language, Art & Culture) to the Govt. of Himachal Pradesh. (v) Secretary (GAD) to the Govt. of Himachal Pradesh. (vi) Advisor (Planning), Himachal Pradesh. (vii) Commanding Officer, Army Training Command, Shimla. 5. That in the aforesaid meeting, firstly it was resolved that the Tourism Department will handle the Protection, Preservation and Conservation of Kalka- Shimla Rail Heritage (which was earlier manned by Language, Arts & Culture Department) and secondly to take all steps for including, continuing the Kalka- Shimla Rail Line as Heritage site and thirdly, in response to the letter dated 28.12.2017 vide Annexure R-1, received from Hon’ble Minister of State (IC) for Tourism, Government of India for adopting a Heritage “Apni Dharohar, Apni Pehchaan, the deponent has forwarded the case to the Secretary, Ministry of Tourism, Government of India, on 20.06.2018 vide Annexure R-II for including the 07 (seven) existing sites, (I) Kangra Fort, Kangra (ii) Rock Cut Temple, Masur Kangra (iii) Bharmour temple complex, Chamba (iv) Kaza Monastery, Spiti (v) Tabo Monastery, Spiti (vi) Key Monastery, Spiti (viii) Chitkool Village, Kinnaur and 20 (twenty) Additionally Proposed Sites, (I) the Chamunda Temple, Devi Kothi (ii) Magru Mahadev Temple, Chhatri (iii) Prashar Rishi Temple, Uttarsal Mandi (iv) Radha Krishan Temple, Dada Siba (v) Janaki Nath Temple Jaisinghpur (vi) Shiv Temple, Amman (vii) Shri Mahadev Bhuvneshwar Temple, Rajnagar (viii) Kamlah Fort, Dharampur, Mandi (ix) Mirkula Devi Temple, Udaipur, District Lahaul & Spiti (x) Phoo Ghumpha, Tabo, L&S (xi) Parshu Ram Temple Complex, Nirmand (xii) Chehni Kothi, Banjar (xiii) Manu Maharaj temple, Shainsher (xiv) Gondhla Fort at Gondhla (L&S) (xv) Kangyur Monastery, Kanam, Kinnaur (xvi) Rock Art in Spiti (xvii) Kalka-Shimla Railway – A World Heritage Site (xviii) Hairpur Village, Kangra (xix) Ranjor Palace & Sirmour Palace, Nahan (xx) Sapani Fort, Kinnaur; under the Adopt Heritage “Apni Darohar, Apni Pehchaan” Scheme, in which the Kalka-Shimla Railway Line has been mentioned at Sr. No. 17.” 9. The affidavit is in the line of the statement made by the learned Advocate General. 10.
No. 17.” 9. The affidavit is in the line of the statement made by the learned Advocate General. 10. Learned Amicus Curiae has also placed on record his written note, informing that Indian Railways has signed a Fund in Trust (FIT) agreement with UNESCO, relevant portion of which reads as under:- “That the Indian Railways has signed a Fund in Trust (FIT) agreement with UNESCO for development of a Comprehensive Conservation Management Plan (CCMP) for the conservation of Darjeeling, Himalayan Railway (DHR). The FIT is aimed at preparing the conservation guidelines for the century old DHR and as per the same, the UNESCO has been tasked to draw up the CCMP. The UNESCO is expected to draw up a comprehensive plan for preservation of DHR within a period of 2 years. It has been further observed that in the CCMP apart from identifying the core, buffer and heritage area, the UNESCO would also create an inventory of DHR assets and to come up with guidelines on how to maintain old heritage structures and documents associates with DHR. The UNESCO team that is working on the comprehensive survey plan (CCMP) is prima facie of the view that the World Heritage site can be preserved with active participation from the local communities. AS a matter of fact, the CCMP is a two year project involves survey, documentation, dialogue and will take into consideration institutional management, finance, legal and technical aspects. It must be kept in mind that conservation of any world heritage site has to be people-centric. It is a culture based development and thus if one respects the local culture, they in turn will respect the world heritage. It is imperative that local inhabitants feel empowered and there must be an instant connect in the area through which the Kalka Shimla rail passes. This would also ensure that the new generation is able to connect with this world heritage. In order to achieve this purpose competitions involving school students must be organized by UNESCO and the Kalka Shimla Railway at all major Railway Stations allowing the Kalka Shimla Route. Competition in the field of art and painting, short story righting, short film making, poetry righting and photography can be undertaken.
In order to achieve this purpose competitions involving school students must be organized by UNESCO and the Kalka Shimla Railway at all major Railway Stations allowing the Kalka Shimla Route. Competition in the field of art and painting, short story righting, short film making, poetry righting and photography can be undertaken. As a matter of fact, an extract downloaded from the UNESCO site on the internet which was last updated in June, 2017 concludes that development of a CCMP can only be achieved through effective local stakeholder empowerment which includes the railways, local administration, civic bodies, NGO’s and tour operators. The said annexure is annexed hereto as Annexure PA. The respondent No. 6 may kindly be directed to inform this Hon’ble Court as to the status of the aforementioned DHR model of preservation, which shall definitely serve as a yardstick of conservation for the various other projects forming a part of the Mountain Railways of India.” 11. We are sure that the Committee shall consider the suggestions of the learned Amicus Curia and take appropriate decision/action thereupon. 12. For the aforesaid reasons and with certain obervations, we close the present proceedings. 13. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Arjun K. Lall, learned Amicus Curiae, who on the instructions of this Court, contacted letter petitioner and obtained necessary feedback