Steep hill cutting at Annadale: HC seeks fresh safety assessment for multi-storey proposed building -

Shimla, Sep.2

Himachal Pradesh High Court has directed a fresh supplementary assessment of the safety and stability of a proposed residential building at Annadale after an expert soil investigation report raised concerns over the bearing capacity of the loose soil, seismic safety and water seepage at the site.

A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin C. Negi, while monitoring the suo motu PIL concerning excessive hill cutting at the site, examined the soil investigation report dated August 14, 2026 submitted by Geo-Tech Engineers and Consultants. The report assessed the proposed residential construction and recommended a factor of safety of 2.5, as prescribed by BIS, particularly as the site falls in Seismic Zone V.

The expert agency found the safe bearing capacity of soil at 12.9, 14.9 and 14.0 tonnes per square metre in three test pits and recommended adopting the minimum value of 12.9 tonnes per square metre for the proposed structure.

It cautioned that these values did not account for earthquake loading, which would have to be considered by the design engineer. The report further stated that foundations should not rest on overburden or loose filling and recommended its removal and detailed investigation.

The Bench, however, found a crucial gap in the assessment, observing that the report did not establish whether the sanctioned three floors plus attic and parking had been taken into consideration while determining the load-bearing capacity of the site.

“There is nothing to show from the report” whether the land on which approval for three floors plus attic and parking was granted had been considered while arriving at the recommendations, the Bench observed.

The court also focused on the issue of water seepage. The expert report recommended suitable drainage along the periphery of the proposed structure to prevent rainwater infiltration into the foundation.

The Bench recalled its May 29 order, which had noted that the strata of the plot was loose and that a municipal rivulet or drain existed behind it.

The site has meanwhile suffered further deterioration during the monsoon. The court was informed that heavy rains caused further sliding on August 2 and three trees fell at the spot. Photographs placed before the court also showed attempts at sandbagging to prevent further damage.

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In view of the circumstances, the High Court directed the expert agency to submit a supplementary report specifically clarifying whether the site can safely sustain the proposed structure to the extent of its sanctioned floors and addressing the issue of drainage and water seepage. The respondent was also directed to place the title deed establishing ownership on record. The PIL has been listed for September 17.

The proceedings follow the court’s June 16 order directing provisional suspension of the empanelment and licence of architect Manuj Shardia after questions arose over the submission of Form-12, slope photographs and compliance with planning requirements.

Shardia, was subsequently provisionally suspended by the authorities pursuant to the High Court’s direction, has also recently been elevated as Chairman of the Himachal Pradesh State Chapter of the Indian Institute of Architects (IIA), according to the information available for this report.