The Himachal Pradesh High Court has raised serious concerns over unregulated construction activities in the ecologically fragile hills of the state. In a recent directive, the court ordered the state government to ensure that no building in the Barog Hills area of Solan district exceeds six floors. The court has also summoned the secretary of the Town and Country Planning (TCP) department to explain why its earlier directions regarding the preparation of regional and sectoral plans have not been complied with for over three years.
Court's Observations and Directions
A division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi issued these directions during the resumed hearing of a batch of public interest litigations. These petitions highlighted large-scale and allegedly unregulated construction activities in the Barog area, particularly in Barog Hills facing Kumarhatti. The petitions pointed out the rapid mushrooming of multistoreyed buildings along a six-kilometre stretch between Kheel Jhalsi and Kainthari, including Koron village.
The high court had earlier observed in 2022 that the absence of proper regulations led to indiscriminate and haphazard construction in the hill region. The bench noted that many buildings appeared to have been constructed by cutting and damaging ecologically fragile hills, posing a serious threat to both the environment and human life and property.
Non-Compliance with Earlier Orders
During the latest hearing, the high court expressed strong displeasure over the continued non-compliance with its earlier directions issued on January 13, 2023, regarding the preparation and publication of regional and sectoral plans after notification of development plans. Despite repeated opportunities and extensions granted to the state government, progress remained unsatisfactory.
The court referred to several previous orders that noted delays in preparing regional plans for districts such as Shimla, Kangra, and Kullu. This was despite assurances by the government that funds amounting to Rs 4.18 crore had been earmarked for the purpose. The bench also noted that a notification issued in November 2024 proposing an enhancement of the floor area ratio and increasing permissible building height for special commercial and tourism projects from 13 to 20 storeys had been kept in abeyance.
High-Rise Buildings in Barog Hills
The bench further observed that a status report filed by the TCP department revealed that 15 high-rise buildings were coming up in the Barog Hills area. While two projects had been approved under existing norms to have a height of 21 metres, 13 were constructed prior to the enforcement of the 1977 Act, and one building was found to have additional unauthorised construction.
“The permission for the project in favour of M/s S.A. Hospitality Services Private Limited would go on to show that there are as many as six blocks which are going to be comprising four- to seven-storeyed buildings, and the drawings were duly signed by the concerned panchayat, which would go on to show that this is an abject surrender on behalf of the state of the responsibilities of the 1977 Act,” underlined the bench.
Concerns Over Safety and Structural Stability
Expressing concern over safety in the hill state, the bench emphasised that panchayat approvals alone could not ensure compliance with structural stability requirements under Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977. The court underscored the need for proper enforcement of regulations to prevent environmental degradation and protect human life.
The matter has now been listed for further hearing on May 25. The state government has been directed to take immediate steps to comply with the court’s orders and ensure that construction activities in the Barog Hills are strictly regulated.
