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HC notice to HP on move to allow illegal constructions

HC notice to HP on move to allow illegal constructions
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Shimla: In a blow to state government move to relax building norms to allow constructions on banned areas of Shimla, besides regularising unauthorised buildings, Himachal Pradesh High Court on Tuesday issued notice to the state government asking for replies by May 9, 2022

A division bench comprising Justice Sabina and Justice Satyen Vaidya passed the orders on a writ petition filed by one Hitanshu Jishtu--a local resident expressing serious concern about blatant violations being done by the government ,in its move to allow regularisation of unauthorised constructions, including Shimla town

The petitioner alleged that the entire state of Himachal Pradesh was in danger on account of erratic, irrational and uncontrolled construction of housing and commercial complexes yet the state government went about creating serious problems in ecological fragile hills.

"Reckless construction, careless disposal of debris and violation of the Town and Country planning norms is all bound to result in a disaster of sorts, if the High Court doesn't intervene at this stage to save the hills," the petitioner alleged.

The petitioner claimed that thousands of unauthorized constructions spoiling the entire skyline of the hills and posing dangers, were not raised overnight . The government machinery has failed to act against the persons responsible for unauthorised construction. The petitioner has alleged that the government agencies have once again notified and amended the Town and Country Planning Rules, which virtually nullifies the decisions rendered by this High Court and Supreme Court of India, time to time.

The state is in the process of finalisation of Development Plan for Shimla Planning area as well as other planning areas of the state and such Draft Development Plan of Shimla has already been notified vide notification dated 08/02/2022. The Draft Development Plan notified by the respondents is also contrary to the observations and directions issued by the National Green Tribunal as it allows opening of the banned areas for fresh constructions in Shimla.

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