Himachal Pradesh High Court Seeks Fresh Status Report On Regional Development Plans In Shimla, Kullu And Kangra

The PIL had raised concerns about unplanned constructions, particularly multi-storey buildings, in ecologically sensitive areas. The bench comprising Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua, expressed distress during the hearing noting that the regional plans for the three aforementioned districts were still in the proposal stage.

During the hearing, the court reviewed the status report submitted by the Under Secretary (Town & Country Planning) to the Government of Himachal Pradesh. The report indicated that steps are being taken to prepare regional plans, development plans, and existing land use maps for the priority districts of Shimla, Kullu, and Kangra.

The court was further informed that the government has already utilized over Rs. 1 crore for regional plans in Solan and Lahaul & Spiti districts and an additional sum of Rs. 4.18 crores has been deemed necessary for completing the plans for the three districts in question

The Advocate General assured the court that the required funds would be released in due course, and the development plans for these districts would be completed. He further assured that for other districts other than these three districts, Solan and Lahaul & Spiti, such plans would be prepared.

Taking note of these submissions the Court directed the Town and Country Planning Department to submit a fresh status report during the next hearing scheduled for October 3, 2024.

The court also addressed a specific dispute regarding illegal construction. In particular, the intervener submitted evidence suggesting that respondent no.8 had constructed a seven-storey building exceeding the height regulations under the Himachal Pradesh Town & Country Planning Act, 1977. An inspection had already been conducted on October 17, 2023, and if necessary, further inspections would be carried out to assess any deviations.

“If the height of the structure is found to be in excess of the height prescribed under the Statute or there is any other deviation, the authority shall take an appropriate corrective action against the said construction in accordance with law keeping in mind the order dt. 13.01.2023 passed by this Court in CWPIL”, the bench ordered.

Case Title: Kusum Bali vs. State of H.P. & others

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