HC directs State to constitute a team to study allegations of violation of green norms by a housing project
Photo used for indicative purpose only. Source: Internet
The Himachal Pradesh High Court has directed the state government to constitute a team of senior Forest Department officers to investigate alleged environmental violations, illegal hill cutting and the reported loss of green cover in the Barog-Kumarhatti belt of Solan district, where large-scale construction activity has come under judicial scrutiny.
Hearing a Public Interest Litigation filed by Earth Healers Foundation through its founder president, Dr. Priya Saklani, a Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi observed that Barog, because of its altitude comparable to the Kasauli hill station, was witnessing extensive construction and exploitation without adequate regulatory checks.
The court directed the Principal Secretary (Revenue) to constitute a team of senior Forest Department officials to inspect villages including Kheel Jhalsi, Koron, Kainthari, Padgyani, Barog and Kumarhatti. The team has been asked to examine whether the green cover has diminished, whether trees were felled without proper marking and permission, and to submit a report before the next hearing.
Referring to photographs placed on record, the Bench noted that large portions of hillsides appeared to have been cleared for construction and that stacks of cut timber were visible at several locations, raising questions over the role of the Forest Department in preventing illegal felling.
The High Court reiterated its earlier direction passed in the connected CWPIL No. 13 of 2021 that no construction beyond six storeys should be permitted in the area. It directed the Town and Country Planning Department, Solan, to ensure that no building exceeding six floors is allowed and that even finishing work on floors above the prescribed limit is not permitted.
The Bench also expressed concern over allegations that local landowners were developing land and selling flats to outsiders to circumvent the provisions of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, which regulates the transfer of land to non-agriculturists. The petition has sought a high-level Special Investigation Team (SIT) to probe alleged benami transactions, illegal land acquisition and violations of Section 118.
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The PIL has further alleged widespread illegal hill cutting, encroachments, environmental violations and unauthorized construction in the Barog-Kumarhatti region. It has also raised concerns over illegal borewells allegedly being drilled to meet water requirements for construction and commercial use, and sought declaration of the area as a planning or special area under the Himachal Pradesh Town and Country Planning Act, 1977.
The State government accepted notice through the Additional Advocate General, while notice has also been issued to the remaining respondent.
The matter has been listed for further hearing on August 17, 2026, along with the connected public interest litigation concerning multi-storeyed construction in the region.
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