HC slams construction of high-rises structures in Himachal’s eco-fragile zones

The HC bench of Chief Justice GS Sandhawalia and Justice Jiya Lal Bhardwaj has directed the state to provide “as to how permissions have been granted in the said area to the builders who are non-Himachalis and for what purpose”

Construction of high-rise buildings in the ecofragile areas of the state and violations of Section 118 of Himachal Pradesh Tenancy & Land Reforms Act, 1972, come under the scanner as the Himachal Pradesh high court has sought details regarding permissions granted under Section 118 of the Act over the last decade for Solan (Barog area specifically), Nahan and Shimla.

It observed that despite court orders passed on May 11 and July 10, no substantive action was taken by the state. Show-cause notices were issued only after the court passed a third order on August 25. (HT Photo for representation)

Section 118, Himachal Pradesh Tenancy & Land Reforms Act, 1972, prohibits the transfer of agricultural land to non-agriculturists and non-residents within the state to protect local farmers, prevent land speculation, and preserve the fragile Himalayan ecosystem. This section prohibits non-agriculturists from owning agricultural land without state sanction.

The HC bench of Chief Justice GS Sandhawalia and Justice Jiya Lal Bhardwaj has directed the state to provide “as to how permissions have been granted in the said area to the builders who are non-Himachalis and for what purpose and whether there is any data available with the state whether the said area can sustain such large-scale construction”.

The HC observed, “21 persons, who are primarily builders, including specific individuals, are also involved. Some of the builders are based in Chandigarh, Zirakpur, Mohali, Amritsar, Noida, and Delhi. Apparently, there is large-scale exploitation of the area, and rampant construction is being carried out.”

The HC bench had also pulled up the authorities for “failing to discharge their responsibilities” in wake of the unchecked construction and ecological damage in Barog during the ongoing hearing of a public interest litigation (PIL) addressing unplanned construction, hill cutting, and environmental degradation across the state.

Questioning the seriousness of the state regarding stopping the construction of high-rise buildings in an eco-fragile area of Barog, the bench observed, “Apparently, on account of the permission being granted at different levels and the construction not being monitored by the department of town and country planning now, and prior to that, by the local panchayats who were certifying the construction, therefore, there has been total exploitation and advantage has been taken by the persons who are raising construction and do not belong to Himachal. Thus, apparently, these provisions of the Act are being openly exploited.”

“In such circumstances, let the state give us details as to how many permissions have been granted in the said area under Section 118 of the Act over the last decade for Solan (Barog area specifically), Nahan and Shimla. The director, town and country planning will also give a list and details that out of these 21 builders, how the sanctions have been granted for raising the high-level buildings and at what point of time.”

The HC also took note of allegations that ongoing construction was blocking natural waterways and that borewell drilling was being carried out without adequate redressal.

The bench noted that building permissions dated September 14 had been granted to 21 persons, while several persons who had constructed buildings exceeding six storeys were issued notices on August 29 to stop construction.

It observed that despite court orders passed on May 11 and July 10, no substantive action was taken by the state. Show-cause notices were issued only after the court passed a third order on August 25.

DC to file report on action taken against benami transactions

The bench also took note of a February 18 letter from the SDO (civil), Solan, to the tehsildar regarding a complaint of alleged benami construction on properties in Kheel Jashli Koron near Padgiyani. It directed the state to file an affidavit of the deputy commissioner, Solan, detailing the action initiated on the complaint.

HC terms forest departments’ status report as ‘cover up’

The HC has pulled up the state government over the felling of 155 trees and rampant construction in the eco-fragile Barog hills area of Solan district.

Terming the forest department’s report saying that 155 trees had been felled, primarily by three builders — SSRN Infracon LLP, Barog Resorts and MMM Infra Private Limited — over an area of 50,058 square metres as a “cover up”, the HC sought a fresh report and warned that failure to do so could lead to the matter being examined by independent agencies such as the CBI. The forest department in the report had said that the trees were felled on private land and not forest land.

Dismissing the submission, the division bench observed that the Himachal Pradesh Land Preservation Act, 1978, also limits tree felling on private land and expressed dissatisfaction over the fact that such a large number of trees had allegedly been felled without permission. It directed the forest department to issue notices to the builders. The court noted that so far only one individual had been issued notice, with a damage report of ₹10,800.