Stop govt from regularising illegal buildings, HP High Court urged

Legal Correspondent

Shimla, April 12

The HP High Court today issued notice to the state government on a public interest litigation (PIL) filed for restraining the latter from regularising all unauthorised constructions, which had been raised in violation of the Town and Country Planning Act.

A Division Bench comprising Justice Sabina and Justice Satyen Vaidya directed the Chief Secretary and others state authorities to file their responses by the next date of hearing on May 9.

The court passed the order on the PIL that alleged reckless constructions and careless disposal of debris had disturbed the eco plans of the area. The government machinery had failed to act against persons responsible for unauthorised constructions that were not raised overnight.

It alleged that the state was in the process of finalising the development plan for the Shimla planning area as well as other areas of the state. The Draft Development Plan of Shimla was notified on February 8. The Draft Development Plan was also contrary to the observations and directions of the NGT.

The petitioner urged the court to direct the state not to regularise or exempt any unauthorised structure/ building/ development for which applications had been received by the respondents in terms of the Himachal Pradesh Town and Country Planning (Amendment) Act, 2016, as well as other unauthorised constructions/ deviations, which are beyond the permissible limit and for which notices had already been issued.

The petitioner prayed the court to direct the state not to notify/ amend the Act or the Rules, which amounts to regularising and compounding total unauthorised constructions throughout the state.

He also urged the court to constitute a Court Monitored Committee headed by a retired Supreme Court Judge(s) or High Court Judge(s), so as to initiate a fact-finding inquiry and subsequently take appropriate action against the officials during whose tenure unauthorised constructions and deviations took place.

Constitute panel of retired SC/HC Judge: PIL

• The PIL prays to the High Court to direct the state not to notify/ amend the Act or the Rules, which amounts to regularising and compounding unauthorised constructions.
• Court also urged to constitute a committee headed by a retired Supreme Court Judge(s) or High Court Judge(s) to initiate a fact-finding inquiry and appropriate action