HC construction between Boileauganj & Chakkar, flags police attempt to shield accused

Shimla, Oct 16

Himachal Pradesh High Court has ordered an immediate halt to construction of two multi-storey buildings between Boileauganj and Chakkar in Shimla, expressing serious concern over alleged unauthorised construction, extensive tree felling and suspected collusion among officials of the Municipal Corporation, Forest and Police departments.

A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi directed the Municipal Corporation, Shimla, to issue stop-construction orders forthwith.

The court also questioned the police for leaving the names of suspected accused persons blank in an FIR despite the court having previously recorded their identities.

The Public Interest Litigation (PIL) was registered on the basis of a representation concerning construction extending over five to six floors in two buildings. A report submitted by the Secretary, District Legal Services Authority, following a site inspection, detailed alleged violations and unauthorised reduction of green cover.

Taking note of the police affidavit, the court observed that FIR No. 216 of 2026, registered on October 12 under Sections 326(b) and 125 of the Bharatiya Nyaya Sanhita, 2023, recorded the suspects as “unknown” in columns meant for identifying accused persons.

The court noted that the names had already been mentioned in its earlier proceedings, along with that of the developer, M/s Tenzin Construction Private Limited.

The Bench termed the omission glaring and observed that it demonstrated a deliberate attempt by the police authorities to shield the culprits.

According to the inspection report, one building has six levels, while the second comprises four storeys with a habitable sloping roof.

The report stated that the taller building, constructed directly above road level, obstructed the valley view in alleged violation of Regulation 31 of the Himachal Pradesh Town and Country Planning Rules, as amended in 2025.

Google imagery indicated that construction had been underway since at least 2020. The report also recorded extensive tree cutting and the uprooting of four trees on Khasra Nos. 425/1 and 425/2, besides excavation during the rainy season despite restrictions notified on August 30, 2025.

The SHO, West Police Station, undertook to identify the accused, expedite the investigation and submit a status report. The matter would be heard next on November 4, 2026.

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