Photo used for indicative purpose only. Source: Internet
HC seeks fresh report on hill cutting near Annadale
Shimla, May 24
Himachal Pradesh High court has sought a fresh report from the Municipal Corporation Shimla over alleged excessive hill cutting and excavation activity near the Annadale Ground in Shimla.
The directions were issued during the hearing of a public interest litigation on May 22 by a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi.
The court took on record a joint site inspection report filed by MC Shimla. The report stated that permission for construction on a 500 square metre residential plot had been approved by a registered private architect in favour of Vimla Devi through GPA holder Randhir Bhimta.
It further mentioned that no construction activity or earth-excavating machinery was found at the site during inspection.
The bench observed that the excavated area measured around 13.8 metres in length, 8 metres in width and about 7 metres in average depth towards the hillside.
Four trees were found standing within the plot boundary while the forest boundary lay immediately behind the site. The court noted that roots of three deodar trees had been exposed and left vulnerable due to excavation work.
“The damage, as such, to the roots of one tree (Deodar, Class III-I) and two trees (Deodar, Class III-1 and IV-1) has been exposed and presently, are in vulnerable condition,” the bench recorded while noting that proceedings under Sections 339 and 352 of the Municipal Corporation Act had been initiated.
The court further noted that permission granted on March 15, 2025 allowed a maximum hill cut of only 3.50 metres. “It is, thus, apparent that hill cutting is beyond the prescribed permission granted,” the bench observed.
Questioning the accuracy of the inspection report, the court stated, “We are not also convinced with the report that the depth is only 7 meter average.” The bench directed MC Shimla to prepare a fresh report regarding the actual depth of excavation and the slope being cut.
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The court also expressed displeasure over the lack of monitoring by authorities. Referring to photographs showing JCB machines at work, the bench observed that no effective patrolling or supervision had been carried out earlier despite large-scale excavation.
During the hearing, counsel appearing for GPA holder Randhir Bhimta sought permission to construct a retaining wall to protect the endangered trees. However, the court said the request would be considered only after submission of the fresh inspection report. The matter has been listed for further hearing on May 29.
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