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HC summons Secy TCP, puts embargo on more than six story housing projects
Shimla, May 13,
Himachal Pradesh High court summoned the Secretary of the Town and Country Planning (TCP) Department for failing to comply with directions issued more than three years ago in an ongoing public interest litigation concerning unregulated urban development and sectoral planning in the hill state.
Hearing a batch of PILs led by Kusum Bali versus State of Himachal Pradesh and others, a Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C Negi observed on Monday that despite repeated opportunities, the State government had failed to prepare and publish sectoral and regional plans as mandated under the Himachal Pradesh Town and Country Planning Act, 1977.
The court recalled that on January 13, 2023, directions were issued to prepare sectoral plans after notification of development plans, but compliance remained pending despite extensions granted later. The Bench noted that even by December 2023, only draft regional plans for Solan and Lahaul-Spiti had been submitted, while proposals for Shimla, Kangra and Kullu were still under consideration.
During the hearing, the court reviewed status reports filed by the TCP Department, which cited shortage of funds and stated that Rs 4.18 crore was required for preparation of plans for Shimla, Kullu and Kangra districts.
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The Bench also took serious note of relaxation and permissions allegedly granted for multi-storeyed hospitality and commercial projects. Referring to a notification proposing enhancement of Floor Area Ratio (FAR) for tourism and special commercial buildings from 13 to 20 storeys, the court had earlier stayed its operation.
The High Court observed that a status report from Solan revealed that 15 high-rise buildings had come up in the Barog Hills area, including projects with heights up to 21 metres. The Bench further questioned permissions granted to M/s S.A. Hospitality Services Pvt Ltd for multiple four-to-seven-storeyed blocks, remarking that reliance on Panchayat certifications amounted to an “abject surrender” of statutory responsibilities under the 1977 Act.
Emphasising Section 31-A of the Act dealing with structural stability and natural hazard safety, the court directed that no building in the concerned Solan area shall exceed six floors. The matter has now been listed for May 25, while the TCP Secretary has been directed to personally explain the prolonged non-compliance.
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