Recent Shimla rain disaster: Stark disregard for 2015 High Court warning exposed
Shimla, Aug 21
The recent destruction attributing to loss of  lives caused by landslides in Shimla and in rest of the State, evidently, highlights the complacency of successive State government towards amendment of building by-laws, taking into account the recent seismic activities and their devastating consequences in the Himalayan region of Himachal Pradesh. This ignorance in this matter also invites contempt of court, as these grim events seems to echo  directions issued by the High Court of Himachal Pradesh back in 2015 in Public  Interest Litigation , which had cautioned against unchecked development and encroachments in the region.
In the wake of the ongoing monsoon season, Himachal Pradesh has been grappling with catastrophic floods and landslides, leading to the loss of hundreds of lives and rendering thousands of people homeless. Since the onset of monsoons almost 62 people have lost life in Shimla district. AÂ total loss of Rs 36946.03 Cr has been recorded in the period.
In a significant judgment dated May 12, 2015, a Division Bench consisting of Justice Rajiv Sharma and Justice Tarlok Singh Chauhan had taken up a Suo moto  and passed an order emphasizing the need for vigilance and restraint in the face of rampant construction. The Court’s observation was clear: despite being located in seismically sensitive zones, authorities seemed to have paid little heed to the lessons imparted by the devastating earthquakes, including the one in Nepal.
The High Court’s order highlighted that the majority of shimla falls within Seismic Zone- IV and V, with the remainder within Zone-IV, a fact seemingly disregarded by authorities in Shimla. The Court further pointed out that haphazard and illegal construction was transforming the once-scenic town into a concrete jungle, at great risk to its inhabitants. Shimla’s vulnerability was underscored by the Court, noting that a high-intensity earthquake could reduce the town to rubble, given its seismic classification.
The Court’s scathing observation about non-compliance with building norms and seismic regulations drew attention to the precarious nature of many buildings clinging to steep slopes and each other. The potential for catastrophic collapses was noted, particularly in densely populated areas with limited escape routes. The Court had criticized the lack of seismic analysis and studies for building placements and the absence of measures to account for the seismic gap between adjacent structures.
The judgment highlighted that the rampant, unplanned, and illegal constructions have marred the once-beautiful hill towns in Himachal Pradesh, notably the state capital Shimla. The Court called for a revision of building by laws, taking into account recent seismic activities and their devastating consequences in the Himalayan region, but it was only 5 years later that the a State government came up with a Shimla development plan. Though the same was later termed illegal by the NGT  in view of the judgment delivered  in the year, 2017,  and the appeal by the State government after revision in the plan is still pending in the Apex court for final decision.
Also read:Shimla development plan 2041 illegal and cannot be given effect: NGT
Fast forward to the present, the recent calamities striking Himachal Pradesh underscore the urgency of heeding the 2015 court directions. The tragedy further emphasizes the need for stricter enforcement of building regulations and a comprehensive approach to urban planning, not only in Shimla but throughout the region prone to seismic activity. The failure to learn from past mistakes has only magnified the impact of natural disasters, leaving communities to grapple with loss and destruction that could have been prevented.
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