Shimla – RERA questions setback rules along Natural Nallahs
Shimla, Oct 7,
Amid growing concerns over the vulnerability of buildings located along natural drainage channels and rivulets following flash floods and incidents of houses and other structures being washed away, the Himachal Pradesh Real Estate Regulatory Authority (RERA) has sought a categorical clarification from the Town and Country Planning (TCP) Department on the permissible setback from a natural nallah.
The issue has assumed importance in the wake of standing instructions issued by the Himachal Pradesh Government in 2025 following flash-flood incidents and damage to houses and buildings situated along rivers and natural water channels.
The latest case concerns Nirwaan Woods & Hotel Pvt Ltd, where the Municipal Corporation, Shimla, had reported that a minimum five-metre distance from the nallah had been maintained in accordance with the approved plan. However, RERA, after examining the site plan, drawing and Tatima, observed that the nallah had been channelized and that the setback had been measured from the edge of the channelized portion. The revenue record, meanwhile, identifies the land as “Nallah”.
In a letter dated September 2, 2026, addressed to the Director of the Town and Country Planning Department, RERA pointed out that the nallah appeared to be a perennial natural drainage channel extending from Boilueganj towards Tutikandi and beyond the project site. The Authority observed that the original alignment and dimensions of the natural nallah before channelization had not been clearly shown in the submitted drawings.
RERA has specifically sought clarification on whether the five-metre setback is required to be measured from the edge of the original natural nallah or from the edge of the channelized portion. It has also asked whether the original width, alignment, flow characteristics and drainage and carrying capacity of the natural nallah were taken into consideration before channelization was permitted.
The Authority has further questioned whether the entire original natural nallah, including portions subsequently channelized, has been considered while determining the applicable setback, particularly when the revenue record continues to classify the land as “Nallah”.
Another issue raised by RERA relates to the amended provision under Regulation 16 of Appendix-I, Serial No. III of the General Regulations, notified on August 5, 2024. The provision permits construction at a distance of five metres from a nallah and seven metres from a khud. RERA has sought clarification on whether this amended provision can be applied to cases involving retrospective sanction or regularisation of buildings constructed or sanctioned before the amendment.
RERA has also asked whether, in cases of retrospective sanction or regularisation, the setback should be assessed under the regulations applicable on the date of construction or sanction, or under the amended provisions presently in force.
Also read: Himachal HC questions RERA relocation, extends interim stay, admits petition
The Authority said the clarification was necessary from the perspective of public safety, particularly because the building concerned is situated in the vicinity of a perennial natural nallah and other buildings are also located along the nallah and khud. It has requested the TCP Department to furnish a clear and categorical clarification so that the matter can be examined further under the applicable provisions.
Talking to Himachal Scape, the Chairman of RERA said the Authority had sought information and clarification from the TCP Department regarding the issue. He said the matter was still pending with TCP and its reply was awaited.
The development assumes importance as the question is no longer confined to an individual building project. The manner in which setbacks are measured after natural drainage channels are channelized could have wider implications for construction permissions and regularisation of buildings located along nallahs and khuds in urban and other vulnerable areas of Himachal Pradesh.
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