The Himachal Pradesh high court, in a matter pertaining to regularisation of illegal structures by the state government, has issued notices to the chief secretary; additional secretary, town and country planning; director, department of town and country planning; and the town planner.
The division bench comprising Justice Sabina and Justice Satyen Vaidya passed these orders on a writ petition filed by Hitanshu Jishtu.
The petitioner has alleged that entire state of Himachal Pradesh is in danger on account of erratic, irrational and uncontrolled construction of housing and commercial complexes. He has further claimed that reckless construction and careless disposal of debris has disturbed the ecological plans of the area. The petitioner has also alleged that the government has failed to act against the persons responsible.
He said that respondents have yet again notified and amended the town and country planning rules, which virtually nullifies the decisions rendered by the HC and the Supreme Court time to time.
The petitioner has alleged that the respondent state is in the process of finalisation of development plan for Shimla planning area as well as other areas and such draft development plan of Shimla has already been notified vide notification dated 08.02.2022. The draft is also contrary to the observations and directions issued by the NGT, he said.
The petitioner has prayed for quashing and setting aside the Rule 35 of Himachal Pradesh Town and Country Planning Rules, 2014 (Amended up to 2019), as well as Himachal Pradesh Town and Country Planning Rules, 2019 (Fourth Amendment), being wholly unconstitutional and violative of Article 14 of the Constitution of India. The petitioner has also prayed to direct the respondents not to regularise or exempt any unauthorised structure/building/development for which applications have been received by the respondents.
{{/usCountry}}The petitioner has prayed for quashing and setting aside the Rule 35 of Himachal Pradesh Town and Country Planning Rules, 2014 (Amended up to 2019), as well as Himachal Pradesh Town and Country Planning Rules, 2019 (Fourth Amendment), being wholly unconstitutional and violative of Article 14 of the Constitution of India. The petitioner has also prayed to direct the respondents not to regularise or exempt any unauthorised structure/building/development for which applications have been received by the respondents.
{{/usCountry}}The petitioner has further prayed to direct respondents not to notify/amend Act or Rules which amount to regularising and compounding total unauthorised construction throughout HP.
He sought the constitution of a court-monitored committee headed either by retired SC judge(s) or HC judge(s), so as to initiate a fact-finding inquiry and subsequently take appropriate action against the officials during whose tenure the unauthorised construction and deviations took place.
The respondents have been directed to file reply and the matter has been fixed for May 9, 2022.