Panchayat certificates no guarantee of building safety: HC pulls up state
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Panchayat certificates no guarantee of building safety: HC pulls up state
Shimla, June 20,
Holding that certificates issued by Panchayats cannot be treated as an assurance of safety for multi-storeyed buildings in a seismically vulnerable hill state, the Himachal Pradesh High Court has directed the State Government to ensure mandatory soil investigation reports, structural design assessments and stability certificates before permitting major construction projects.
A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi recently made the observation while reviewing compliance of its earlier directions issued in a long-pending public interest litigation on unplanned urban development and rampant construction activities in the state.
The court observed that high-rise buildings proposed by private builders in steep hill areas could not be regulated merely on the basis of Panchayat certifications, particularly when many such areas fall in seismic zones. The Bench stressed that Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977 mandates structural stability certification, including soil investigation and structural design basis reports, before such buildings are put to use.
The latest observations come barely a month after the High Court had summoned the Secretary, Town and Country Planning (TCP), over non-compliance of directions issued as far back as January 2023 for preparation of regional and sectoral plans across the state.
During the earlier hearing, the court had taken serious note of a status report showing that 15 high-rise buildings had come up in the Barog Hills area of Solan district and had also questioned permissions granted to a hospitality project comprising multiple four-to-seven-storeyed blocks.
The Bench had then remarked that the State appeared to have abdicated its statutory responsibilities under the TCP Act and directed that no building in the concerned Solan area be raised beyond six floors.
Also read:HC summons Secy TCP, puts embargo on more than six story housing projects
Examining the fresh status report filed by the State, the court noted that only the Regional Plan for Lahaul and Spiti had been notified while work on the Solan Regional Plan was still at the final stage.
Plans for Shimla, Kangra and Kullu remain pending despite repeated directions and extensions granted over the last three years. The Bench remarked that there had been little progress worth mentioning and observed that the State appeared to have “woken up from its slumber” only after the court’s order dated May 11, 2026.
The court also noted that policy guidelines for cutting, conservation and preservation of hills, directed to be framed in the January 2023 judgment, are yet to be notified. It further sought a categorical affidavit from the State indicating the timeline within which all directions issued in the landmark judgment would be implemented.
Taking note of the government’s proposal to create a dedicated technical cadre comprising town planners, planning officers, geologists, environmental engineers and junior engineers, the Bench said the recruitment process should be pursued earnestly to strengthen regulatory oversight and ensure uniform planning standards.
TCP Secretary Amarjeet Singh and Director TCP Hemis Negi appeared before the court during the hearing. While exempting them from further personal appearance for the present, the Bench directed the State to file a better compliance affidavit and listed the matter for further hearing on July 7.
The proceedings are being closely watched as they could shape the future framework for urban planning, hill cutting, environmental protection and regulation of high-rise construction across Himachal Pradesh.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
