Shimla, Sept 2,
The Himachal Pradesh government introduced a bill in the state assembly on Monday, proposing amendments to the Himachal Pradesh Town and Country Planning (TCP) Act, 1977. The amendment aims to extend the jurisdiction of the TCP Department to include plots of 1000 square meters or more outside the existing TCP and Municipal Corporation (MC) limits, mandating design approval for such constructions.
The amendment bill, tabled by TCP Minister Rajesh Dharmani during the post-lunch session of the assembly, seeks to address the recurring incidents of landslides and building collapses, which have caused substantial loss of life and property during the monsoon seasons of 2023 and 2024. The widespread devastation, attributed to erosion from flooding and unstable construction practices, has underscored the need for stricter building regulations in the state.
Under the current provisions of the Himachal Pradesh Town and Country Planning Act, 1977, the TCP Department’s regulatory oversight is limited to notified planning areas and special areas, with a focus on plots larger than 2500 square meters. This restriction has left numerous constructions outside these areas vulnerable to inadequate planning and structural instability. The proposed amendment aims to reduce the threshold from 2500 square meters to 1000 square meters, thereby bringing a broader range of constructions under regulatory scrutiny.
The bill also introduces the definition of “Competent Authority” within the Act to eliminate ambiguities, thereby streamlining the approval process and reducing the potential for legal disputes. Additionally, the amendment seeks to clarify the provisions of Section 37 of the Act, concerning the revocation and modification of development permissions, which have been a source of unnecessary litigation in the past.
Furthermore, the bill proposes to formally delete references to Chapters IX-A and IX-B, which were rendered redundant following the implementation of the Real Estate (Regulation and Development) Act, 2016.
If passed, this amendment will mark a crucial step towards ensuring safer construction practices across Himachal Pradesh, particularly in areas prone to landslides and other natural disasters. The government believes that these measures will significantly mitigate the risks associated with unregulated construction, thereby safeguarding lives and property in the region.
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