HP High Court Rejects Review Plea, Upholds Government Control Over Shimla's Historic Kanlog Cemetery
SHIMLA, JULY 16: In a significant judgment protecting one of Shimla's heritage landmarks, the Himachal Pradesh High Court has dismissed a review petition seeking restoration of control over the historic Kanlog Cemetery, reaffirming that the British-era cemetery belongs to the State Government and will remain under the management of the Municipal Corporation, Shimla.
The review petition, filed by Mahendra Pratap Singh and Francis Kuljeet Rana, was rejected on July 10, 2026. The petitioners had claimed they had been managing the cemetery for years and sought restoration of possession after being removed under the High Court's interim orders.
Rejecting their plea, the High Court held that neither petitioner could establish any legal right, title or interest over the Government-owned heritage property.
The Court observed that they failed to produce any document proving ownership, lease, licence, tenancy or any lawful authority to possess or manage the cemetery.
The litigation arose after the Municipal Corporation detected extensive unauthorised construction inside the heritage cemetery.
Steel-frame sheds, CGI-sheet roofing, brick structures, concrete pavements and other permanent additions had been raised within the cemetery premises.
Demolition orders issued in 2019 and 2022 were challenged before the District Judge, but the matter eventually reached the High Court through a public interest petition seeking restoration and protection of the historic burial ground.
Acting on the High Court's directions, a Heritage Committee inspected the cemetery and found widespread encroachments and illegal structures.
The Committee recommended immediate demolition of all unauthorised constructions, removal of concrete pavements, lamp posts, electrical service connections and other alterations, besides restoring the cemetery to its original heritage character.
It also advised stopping unauthorised parking, religious gatherings and other public activities inside the cemetery.
Court records revealed that the area under illegal construction had expanded from around 139.51 square metres to more than 300 square metres.
Earlier findings by the District Judge had also recorded that large-scale unauthorised construction had been carried out in an "unmindful manner" by Mahendra Pratap Singh and his associates.
The Court further noted that graves had been disturbed and that the Government property appeared to have been used for personal gain.
During the proceedings, Mahendra Pratap Singh claimed he was merely a caretaker and priest of the cemetery and that members of the local Christian community conducted prayers there on Fridays and Sundays.
Francis Rana, a former Secretary of the Shimla Christian Cemetery Committee, also claimed the cemetery had been managed through that arrangement. However, the High Court ruled that these claims did not create any legal right over the Government-owned heritage property.
Earlier, the High Court had directed the State to remove demolition debris, CGI sheets, electrical wiring, cement and other material from the cemetery. In September 2024, it ordered the Government to keep the cemetery free from encroachment and ensure its protection.
Later, in November 2024, the Municipal Corporation was directed to assume complete control of the cemetery and deploy a chowkidar for its security.
Although the original writ petition was withdrawn in April 2025 after most reliefs had been granted, the High Court had permitted the parties to approach the competent authority for implementation of the Heritage Committee's recommendations. However, Mahendra Pratap Singh's plea seeking restoration of management was dismissed.
With the dismissal of the review petition, the High Court has now finally settled the issue, making it clear that the Kanlog Cemetery will continue under the control of the State Government and the Municipal Corporation, while the petitioners have no recognised legal right to possess, manage or control the historic heritage site.
