Photo used for indicative purpose only. Source: Internet
HC questions SOP compliance as hill cutting near Annadale exceeds approved limit
Shimla, June 4,
The High Court of Himachal Pradesh has raised serious concerns over alleged violations of Standard Operating Procedures (SOPs) and excessive hill cutting at a construction site near Annadale Ground, observing that excavation at the site was carried out far beyond the limit permitted under the approved building plan.
During the hearing of a suo motu public interest litigation, a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi examined a fresh joint inspection report submitted by officials of the Municipal Corporation Shimla, Forest Department and Town and Country Planning Department.
Also read:HC seeks fresh report on hill cutting near Annadale
The inspection found that hill cutting at the site measured 7.60 metres at two locations and 6.40 metres at another, despite planning permission allowing excavation only up to 3.50 metres.
The report noted that the approved plan had proposed construction of three-tier retaining walls towards the hillside for stabilization, but excavation had gone substantially beyond the sanctioned limit.
The court was informed that a show-cause notice has been issued to the Registered Private Professional (RPP) and architect Manuj Shardia regarding the grant of planning permission and alleged violations of conditions attached to the approval.
Authorities have sought records of post-approval inspections, geo-referenced photographs, supervision reports and details of monitoring carried out during excavation and construction activities.
Significantly, the Bench directed the Municipal Corporation Shimla and State authorities to file detailed replies explaining the procedure required to be followed by the landowner and the architect and whether the work was executed strictly in accordance with the prescribed SOPs.
The court observed that it was not convinced by the claim made in Form-12 that the slope gradient of the land was only 30 degrees, indicating that the actual terrain appeared much steeper.
The joint inspection committee also recommended immediate slope stabilization measures, retaining structures, drainage systems and a detailed geotechnical assessment before any further construction activity is allowed, citing risks to vulnerable deodar trees and the surrounding hill ecology.
The matter has been listed for further hearing on June 16.
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