E-Paper
How permission was given for high-rise in Shimla, asks HC
Hearing a petition filed by Beli Ram Thakur, the court directed the authorities to explain how the high-rise construction was permitted on the uphill side and whether adequate measures had been taken to ensure structural stability and prevent damage to surrounding properties
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The Himachal Pradesh high court has asked the state government and the Himachal Pradesh Housing and Urban Development Authority (HIMUDA), to explain under what circumstances the permission was granted for a 14 to 17-storey commercial complex in Shimla, amid allegations that the project violates the local development plan and poses a threat to nearby residential properties.
The HC bench observed: “Though, having taken note of the factum of construction of a 14/17-storey building, which apparently appears to be in violation of the Shimla development plan, this court finds sufficient reason to stop the work. However, noting the statement made by the advocate general that necessary statutory compliances have already been done, this court deems it fit to direct the state as well as HIMUDA to file an affidavit specifically stating the circumstances under which permission was given to construct a high-rise building, that too on an uphill side, and whether adequate steps to ensure structural stability have been taken or not?”
The court said, “Court hopes and trusts that all adequate steps shall be taken by the respondents to ensure that no damage is caused to persons and property of the petitioner as well as proforma respondents on account of digging and cutting/felling of trees.”
Hearing a petition filed by Beli Ram Thakur, the court directed the authorities to explain how the high-rise construction was permitted on the uphill side and whether adequate measures had been taken to ensure structural stability and prevent damage to surrounding properties.
The petitioner pointed out that he has a residential house at Vijay Nagar near HP Petrol Pump, Vikas Nagar and that on account of upcoming construction of a commercial complex having 14/17 storeys, there is imminent danger to his house as well as residential dwellings of other residents.
It is alleged in the petition that as per Shimla development plan, no building over 4 ½ stories with parking can be constructed, but it is not understood that on what basis permission has been granted to the Telangana based company to construct a high rise building, that too on an uphill side.
It is further alleged in the petition that on account of unscientific cutting of hill, debris/muck has rolled down to residential houses, as a result thereof, considerable damage has been already caused. Since work of felling of trees is being undertaken to construct the road, there is likelihood of falling trees on the roofs of the houses of the residents of the area.
The petitioner alleged that unscientific hill cutting for the project near Vijay Nagar in Vikas Nagar had resulted in debris rolling down towards residential areas, endangering several houses. The petition raised concerns over the safety of residents and the potential consequences of large-scale excavation on the fragile hillside.
The advocate general and counsel representing the housing board submitted that the project had received cabinet approval based on reports prepared by the School of Planning and Architecture (SPA), Vijayawada, and IIT Tirupati.
Telangana based company, that is constructing the high rise commercial complex, assured the court that appropriate protective measures would be undertaken. It also assured that adequate compensation would be provided in the event of any damage to properties due to the construction work.
The court also directed the sub-divisional magistrate (urban), Shimla, to inspect the site immediately and assess concerns relating to dangerous trees. The inspection is intended to facilitate prompt action by the forest department for their clearance, wherever required. The matter is now listed for October 20, 2026.
