Disposing off a petition, a division bench consisting of Justices Deepak Gupta and Sanjay Karol directed the Commissioner, Shimla Municipal Corporation to ensure that "neither the graves in the Christian cemetery at Sanjauli are desecrated nor the cemetery is defaced in any manner".
The cemetery was more than 91 years old and George Wells was the first European to be buried in this cemetery on June 11, 1921.
The petitioner had contended that some trees adjacent to the cemetery had been fallen to create parking space.
Going through the photographs of the cemetery, the bench observed that "We, prima facie, find (through photos) that cars are parked even beyond this (parking) area within the walls of the cemetery. This cannot be permitted under any circumstance".
"Since disputed questions of fact are involved, we direct the Municipal Corporation commissioner to dispose of this matter latest by March 31," they said.
The bench also directed the commissioner to verify the area earmarked for parking of rickshaws (during British period) and said that the same area may be used for parking of cars, but no more area shall be permitted for parking of cars.
The order would have bearing in case of hundreds of graves and churches located in various towns of the state like Shimla, Dharamsala, Kasauli, Dalhousie, Dharampur, Dagshai and Subathu.
