SHIMLA: Taking serious note of large-scale illegal construction, unregulated hill cutting, and blatant violation of environmental norms, the Himachal Pradesh High Court has banned the construction of buildings higher than six floors in Barog, Kumarhatti, and adjoining areas of Solan district with immediate effect.
A division bench comprising Chief Justice GS Sandhawalia and Justice Bipin C Negi passed these orders while hearing a Public Interest Litigation (PIL) filed by an NGO named ‘Earth Healers Foundation’.
The High Court issued strict directives to the Town and Country Planning (TCP) department in Solan to ensure that no new construction beyond the permissible limit is initiated. The department has also been ordered to stop the finishing work on existing flats that violate the limit. The next hearing in the case has been scheduled for August 17.
During the hearing, the petitioner presented photographs revealing the ruthless clearing of hills and large-scale removal of the green cover. After examining the evidence, the High Court pulled up the Forest Department for its inaction, observing that the department had turned a blind eye despite visible heaps of felled trees on the site.
Given the gravity of the situation, the High Court directed the state’s Principal Secretary (Revenue) to constitute a special team of senior forest officials. This team will conduct a field visit to the affected areas to assess the extent of the depletion of the green cover. The team will also investigate whether the felled trees were properly marked according to the rules.
The petition further alleged that locals are developing these lands to sell flats to buyers from outside the state, and illegal borewells are being dug in violation of norms. The petitioner has sought the formation of a high-level Special Investigation Team (SIT) to probe these benami properties and illegal activities. The court has issued notices to the state government and other respondents, seeking their replies on the entire matter.
Violations and Benami Deals Alleged
The PIL alleged that influential builders have defied regulations to erect 10-story buildings in this belt without any approved maps or structural stability certificates. Unbridled hill cutting and illegal commercial boring have led to the complete drying up of traditional water sources in three local villages, leaving residents facing a severe water crisis.
Dr. Priya Saklani, President of the petitioner organization, informed the court that Section 118 of the HP Tenancy and Land Reforms Act, 1972, is being openly violated to benefit outside buyers and builders. Benami land deals worth crores are reportedly being executed in the names of locals to construct and sell flats to outsiders.
The organization further alleged that unregistered commercial homestays are operating out of these illegal multi-story buildings, turning them into hubs for immoral activities and the illicit drug trade.
Demand for SIT Probe
According to the NGO, written evidence documenting the destruction had previously been submitted to the Town and Country Planning, Forest, and Revenue departments. However, the official silence forced them to approach the court.
Apart from the ban, the petition has pressed for a high-level SIT to investigate the illegal borewells and benami properties. Recognizing the seriousness of the issue, the court has demanded an official response from the government and the respondents involved.
