HC seeks details of illegal buildings, govt now can’t give relief to violators
The Congress government is yet to take a decision to provide relief to the owners of unauthorised buildings in the state but the High Court of Himachal Pradesh has sought complete details of people who had undertaken such construction in violation of the building norms.
The High Court in its order issued on April 9, 2025, told the state government to place on record the complete details with regard to the applications received for the composition of offences under the amended Rule 35 of the Himachal Pradesh Town and Country Planning Rules, 2024, till date and the decision taken in this regard. The Secretary, Town and Country Planning Department, has been asked to file an affidavit with details before May 31. The court will now hear the matter on June 19.
As the High Court has sought the complete details of all unauthorised buildings, the state government now will not be in a position to grant any relief to the owners of such structures. “As of now, there is no proposal or move to provide relief to the owners of unauthorised buildings,” said Town and Country Planning Minister Rajesh Dharmani. He added that regularisation of unauthorised structures was very disappointing for law-abiding citizens and encouraged the violators to commit more offences.
In December 2017, the High Court had declared as unconstitutional the Himachal Pradesh Town and Country Planning (Amendment) Act, 2016. The controversial amendment brought by the then Congress government was aimed at providing relief to the owners of thousands of unauthorised buildings in the state. The High Court, while passing the order, had expressed surprise at how the government turned a blind eye to the environmental and seismic risks.
The matter has since been pending in the High Court, which has now sought the details of all violations of building norms and the state government may find it difficult to provide any relief to the violators.
There are more than 25,000 unauthorised structures in the state built in violation of the Town and Country Planning norms and are waiting to be regularised. Successive state governments had provided relief to the violators, as eight retention policies had been brought to regularise unauthorised structures. However, the High Court has clearly directed the government not to bring any new retention policy, hence the status of these structures remains illegal and undecided.
It is normally around the Assembly elections that every government tries to win over the violators, who can impact the poll outcome.
No retention policy
- There are more than 25,000 unauthorised structures in the state built in violation of the Town and Country Planning norms and are waiting to be regularised
- The High Court has directed the government not to bring a new retention policy
Himachal Tribune