Annadale hill-cutting row: HC orders suspension of Architect’s Licence
Photo used for indicative purpose only. Source internet
Shimla, June 17
Failing to have satisfactory reply over alleged violations in granting construction permission near Annadale Ground, the High Court of Himachal Pradesh has directed the Town and Country Planning (TCP) Department to provisionally suspend the licence of the architect who approved the project, pending further proceedings in the case.
Hearing a suo motu public interest litigation concerning excessive hill cutting at a private plot in Kaithu, a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi observed that excavation at the site had gone far beyond the permissible limit of 3.5 metres allowed under the approved building plan. Earlier inspections conducted by authorities had found hill cutting ranging between 6.4 and 7.6 metres.
The court was examining a compliance affidavit filed by the Municipal Corporation Shimla regarding action against Registered Private Professional (RPP) and architect Manuj Shardia.
The architect claimed that online building permission had been granted through the Online Building Permission Approval System (OBPAS) and that geo-referenced photographs and inspection reports could not be uploaded due to technical issues. He also maintained that excavation was being carried out in stages of 3 to 3.5 metres in accordance with approved drawings.
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However, the Bench found the explanation unsatisfactory. The court noted that permission was granted on March 15, 2025 with a maximum hill-cutting limit of 3.5 metres, but photographs showing the actual slope at the time of approval were never uploaded.
It further observed that there was nothing on record to show that the architect had made any effort during the intervening year to submit hard copies of the photographs demonstrating that the slope was within permissible limits.
Questioning whether the mandatory Form-12 and other requirements under the Standard Operating Procedure were properly complied with, the Bench ordered that the architect be impleaded as a respondent in the case and directed the TCP Department to immediately provisionally suspend his licence. The suspension will remain subject to his filing a reply and satisfying the court regarding the non-submission of Form-12 and related records.
The court also declined to grant any interim relief for reconstruction or protective works at the excavation site, observing that the controversy surrounding the permissions and hill cutting requires further examination. The matter has been listed for hearing on July 1.
It is worthwhile to mention that no building could be allowed to permit steep hill cutting above 30 degrees elevation and only permission could be granted upto 3.50 meters in such cases however during inspection hill cutting upto 7 meters was recorded.
The court had sought reply from Shimla Muncipal Corporation and owner of under construction property, the court during hearings on the matter on June 16 decided to implead planning professional party in the matter however TCP would have to keep license of concerned Architect suspended provisionally till pendency of the case.
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