Shimla, Dec 21

The State Government notified the Cabinet decision to allow multistory buildings in the planning areas by exempting certain Government and Private Commercial projects by relaxing TCP rules in the name of ease of doing business and in the public interest.

Notification issued here today approved amendment (appendix 1)and its subsequent rule 28 which mentioned that relaxation in set backs, heights of floors and buildings etc. may be allowed in Government projects in the public interest.

It further said that in case of Private constructions or project relaxation in set backs, heights of floors and buildings etc may be considered by the competent authority keeping in view of site conditions.  
However private projects having project area of more than one hectare relaxation shall be allowed by the state Government only.

The rules are named HP TCP (seventh amendments) rules 2020 and notification would be commenced from the date of publication in Rajpatra(e-Gazette) of Himachal Pradesh. The same decisions has approved in the Cabinet meeting recently and  notified on Dec 15.

The notification likely to benefit the old projects, private/commercial or real estate however purely private constructions again allowed with riders, is likely to have very selected benefits however the TCP would continue abide the NGT order on the new projects, a town planner.

State Cabinet meeting held here on Dec 1 allowed relaxation in setbacks height of floors and buildings etc. in government projects.

 ”In case of private construction/ project relaxation in setbacks, height of floors and buildings etc. may be considered by the competent authority keeping in view the site conditions.” the cabinet note mentioned.  

Take from the relaxation
It is worthwhile to mention here that despite getting several assurances the common man continues facing number of hurdles to develop/built or complete any shelter to them.
There are number of restrictions in the constructions of houses in townships  as status quo prevailed over construction policy and in the so called planning areas which come under regulation of TCP Department. 
On the other hand under the present construction regime probably no rules applies on those who breached the constructions rules and law as number of high profile,  big sharks and private builders are getting exemptions and special consents in the name of immediate public interests.  

During the Congress rule National Green Tribunal imposed the ban on the construction activities in the Core and heritage area of Shimla town directing the Civic bodies and state Government to slap heavy environmental Cess before allowing new construction in the Shimla Municipal Corporations.

In another major decision Himachal Pradesh High Court  have also quashed the amendment in  the town and country planning act which allowed the regularisation of old construction on one time settlements.

Both the  verdicts curbed the authority of Town and Country Planning and Urban bodies power to allow or approve the new and old constructions in the town baring few high profile cases in the name of public interest projects. 11 story projects were conceived and raised one after another in the town mostly owned by the state and its companies.

The people living in the merged areas are crying to state authority or government to regulate their old constructions and other small business activities on the basis of one time settlement at ”as it is where it is” basis and also finalising the thirty years old interim development  plan.      

It is worthwhile to mention here that nearly 50 villages situated near the proposed four lands and national high way are exempted from the TCP act to facilitate the state Government to change the land use and rehabilitates few of them. A cabinet committee was constituted by the Government to bring villages and few urban areas out of preview of TCP to facilitate the state and
commercial projects coming along the highway and other state Government project.
Common people in the states seemed to get no benefit out of such slew of these measures, as these would facilitate the real-estates or commercial entities however those who have small holdings and have capacity to  affords limited lands could not dreams to have  their refuge or  shelters in the  so-called planning areas.

The housing projects in the states are beyond the capacity of state people who  prefers to built their own houses.    
The high headiness of the bureaucracy, callousness of ruling class pushed the common man to walls more over there is no  dearth of urban slums in the states.  


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