HC allows gunny bags to stabilise a construction site nr Annadale, Orders load-bearing capacity test for multi-storey project
Photo used for indicative purpose only. Source: Internet
Shimla, July 2
Himachal Pradesh High court has permitted temporary protective measures at the controversial hill-cutting site near Annadale Ground by allowing the plot owner to place gunny bags filled with soil to prevent further damage during the ongoing monsoon. The court, however, stressed that the safety of the site and the three endangered deodar trees must remain the highest priority.
The directions were passed by a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi while hearing the suo motu public interest litigation arising out of excessive hill cutting at a private construction site in Kaithu near Annadale.
During the hearing, senior counsel Sharwan Dogra appearing for the suspended architect submitted that, in view of the arrival of the monsoon and the precarious condition of the excavated slope, the site required immediate protection by placing gunny bags filled with soil to prevent further erosion.
Accepting the plea, the High Court permitted respondent No. 7 to undertake the temporary protection work and directed respondent No. 8 to supervise the exercise to ensure that no further damage is caused to the site.
The Bench recorded that three deodar trees are presently under threat because of the extensive hill cutting already carried out at the site, highlighting the environmental consequences of excavation beyond the sanctioned limits.
In a significant direction with wider implications for hill construction, the court also ordered that the site be assessed for its load-bearing capacity for the proposed multi-storey building if such an assessment had not already been carried out.
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Annadale hill-cutting row: HC orders temporary suspension of Architect’s Licence
The observation comes amid concerns over the stability of steep Himalayan slopes and compliance with construction norms.
The latest order follows the court’s June 16 direction asking the Town and Country Planning Department to provisionally suspend the licence of the project’s Registered Private Professional (architect), after finding prima facie violations of planning conditions and questioning compliance with mandatory procedures, including the submission of Form-12 and records relating to the actual slope of the land.
Earlier inspections had revealed hill cutting of up to 7.6 metres, although permission had been granted for a maximum excavation of 3.5 metres.
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