HC seeks detailed govt response on alleged illegal construction nr. historic Ellerslie Building

Shimla, Nov 4

Himachal Pradesh High Court has taken suo motu cognizance of alleged unauthorised construction in the vicinity of the historic Ellerslie Building, which houses the State Secretariat, amid concerns over the protection of the heritage structure and alleged violations of prescribed building regulations.

The matter has been registered as a public interest litigation (CWPIL No. 93 of 2026), titled Court on Its Own Motion versus State of Himachal Pradesh and Others, following a report submitted by Captain Atul Sharma drawing attention to the alleged violations and potential threat to the historic building.

A Division Bench comprising Justice Sandeep Sharma and Justice Bipin C. Negi, while hearing the matter on September 21, 2026, directed the State Government to submit a detailed reply and affidavit explaining its position on the issues raised in the proceedings.

Senior Advocate Devyani Sharma is assisting the court as amicus curiae in the matter. After hearing her submissions, the Bench considered it necessary to seek a comprehensive response from the State Government. Additional Advocate General Anup Rattan sought three weeks to file the detailed reply, which was granted by the court.

The controversy centres on allegations that fresh concrete construction adjoining the historic Ellerslie Building has violated mandatory setback requirements and may adversely affect the architectural and heritage character of the colonial-era structure. Information obtained under the Right to Information Act has reportedly raised questions over compliance with the prescribed building norms.

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The complaint also raises concerns about the proximity and overlapping structural features of the new construction and their possible impact on the heritage property.

The complainant has sought constitution of an independent high-level committee comprising heritage conservation specialists and structural engineers to examine the construction, its structural implications and compliance with applicable regulations. Accountability and appropriate action against officials allegedly responsible for permitting violations have also been sought.

The High Court has listed the matter for November 5, 2026, before the appropriate Bench for further consideration.

The proceedings could bring greater judicial scrutiny to the protection of Shimla’s heritage buildings and the regulation of construction activities around historically important government properties.

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