Himachal Pradesh High Court
Kusum Bali vs . State Of H.P. & Ors. on 20 July, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
Kusum Bali Vs. State of H.P. & Ors.
CWPIL No.13 of 2021 .
20.07.2022 Present: Mr. Ankush Dass Sood, Senior Advocate with Ms. Leena Guleria, Advocate, for the petitioner. Mr. Ashok Sharma, Advocate General with Ms. Ritta Goswami, Additional Advocate General, for respondent Nos.1 to 3 and 5.
Mr. Virbahadur Verma, Advocate, for respondent No.4.
CMP No.9646 of 2022 This is an application to implead the 'Gram Panchayat Koro, Tehsil and District Solan, H.P., through its Pradhan' as party respondent No.6. The application is allowed. Amended memo of parties is already on record.
2. The application to stand disposed of.
CWPIL No.13 of 20213. Issue notice to respondent No.6, returnable by three weeks, on taking steps within a week.
4. The above PIL has been filed highlighting the massive constructions, including multi-storeyed buildings on either side of the road stretching an area of 6 kilometers between Village Kheel Jhalsi to Village Kainthari (including Village Koron), District Solan.
5. Learned Senior Counsel for the petitioner has invited our attention to the photographs, which are annexed to the PIL.
He has also drawn our attention to paragraph 8 of the reply affidavit of respondent Nos.1 and 2, which reads thus:-
"8. That it is clearly envisaged under the Himachal Pradesh Town & Country Planning Act under Section 1 of the Act ibid that the applicability of the aforesaid Act extends to the whole of the State of Himachal Pradesh and shall come into force on such date as the State Government may, by notification, appoint ::: Downloaded on - 22/07/2022 20:02:13 :::CIS and different dates may be appointed for different areas and for different provisions of this Act. The area under reference in .
the present petition is neither a planning area nor a deemed planning area as provided under Section 1 (3a) of the Act ibid. Therefore, the replying respondents are not vested with powers to apply the Act in the same vicinity. In order to qualify any planning area to be a deemed planning area, any area proposed for development of apartments or colonies for the purpose of selling outside the notified planning areas or special areas constituted under this Act and such areas shall be deemed to be planning areas."
6. Prima facie, it appears that there are no appropriate regulations in place, which have led to the indiscriminate and haphazard constructions on the hills. The buildings appear to have been constructed by cutting and chopping of the hills, which are ecologically sensitive zones. It is contended that the constructions are illegal and may have a catastrophic effect on the environment and may result in loss of human life and property.
7. Having regard to the importance of the issue raised in the PIL, we request the learned Advocate General to look into the issue and address us on the next date.
List on 29.08.2022.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
July 20 2022 Judge
Mukesh/R.Atal
::: Downloaded on - 22/07/2022 20:02:13 :::CIS