HC Advice to Himachal Government on Regularization of Unlicensed Houses

Shimla: The High Court of Himachal Pradesh, in a case concerning the regularization of constructions not authorized by the state government, issued notices to the Chief Secretary, Additional Secretary for Town and Country Planning, Director of Department of Urban and Rural Planning and Town Planner, Government. of Himachal Pradesh.

The Division Bench, consisting of Madam Justice Sabina and Justice Satyen Vaidya, passed the orders on a written motion filed by a certain Hitanshu Jishtu.

The petitioner alleged that the entire state of Himachal Pradesh is at risk due to the erratic, irrational and uncontrolled construction of housing and commercial complexes. The petitioner further alleged that careless construction and careless disposal of debris disrupted the ecological plans for the area.

The petitioner also alleged that thousands of unauthorized constructions were not erected overnight and that the machinery of government failed to act against those responsible for the unauthorized construction.

The petitioner alleged that the defendants have yet again notified and amended the planning and land use regulations which virtually nullifies the rulings made by the High Court of HP and the Supreme Court of India from time to time. other.

The petitioner further alleged that the Respondent State is in the process of finalizing the development plan of Shimla planning area as well as other planning areas in the state and that this draft Shimla development plan has already notified by notification dated 08.02.2022. The draft development plan notified by the respondents is also contrary to the observations and directives issued by the National Green Tribunal.

The petitioner alleged that the notification of the development plans as notified via the notification of 14.02.2022, will have no effect on the requests received regarding the unauthorized construction and on the owners and occupants to whom notices are issued under the relevant provisions.

The petitioner requested the rescission and annulment of Rule 35 of Himachal Pradesh Urban and Rural Planning Rules, 2014 (as amended to 2019) and Urban and Rural Planning Rules of Himachal Pradesh ‘Himachal Pradesh, 2019 (4th Amendment), being totally unconstitutional and void. of Article 14 of the Constitution of India, and also being inconsistent and contrary to the judgments rendered by the High Court of HP and the Supreme Court of India, from time to time with respect to the issue of construction unauthorized.

The petitioner also prayed to order the respondents not to regularize or exempt any unauthorized structure, building or development for which applications have been received by the respondents under the Town and Country Planning Act 2016. ‘Himachal Pradesh (amendment), as well as other unauthorized constructions/deviations which are beyond the permitted limit and for which notices are already issued under TCP, Act 1977 and HPMC Act, 1994.

The petitioner further urged respondents not to notify/change the law or rules, which amounts to regularizing and aggravating the total unauthorized construction statewide of HP.

The petitioner requested the establishment of a Court Oversight Committee headed either by retired Supreme Court Judge(s) or High Court Judge(s) to initiate an establishment inquiry of the facts and then take appropriate action against the officials during which the unauthorized agent construction and diversions took place throughout the State.

The defendants have been asked to file a response and the case has been set for May 9, 2022.