In a significant move, the Himachal Pradesh High Court has stayed a notification by the Town and Country Planning (TCP) Department permitting the construction of 14-storey hotels and special commercial projects.
The Division Bench, comprising Acting Chief Justice Tarlok Singh Chauhan and Justice Satyen Vaidya, passed the order while hearing a public interest litigation (PIL). The notification, issued on November 18 under the Himachal Pradesh Town and Country Planning (13th Amendment) Rules, 2024, had introduced provisions for high-rise constructions, but the court deemed it necessary to pause its implementation.
Flags risks of unregulated high-rises
The TCP notification allowed construction of up to 14 storeys on plots larger than 10,000 square metres and 13 storeys on plots between 4,001 and 10,000 square metres. It also enabled even taller buildings — up to 20 storeys — in central business districts and along development corridors like national and state highways.
However, the court expressed concern over such developments in Himachal Pradesh, a state highly prone to landslides and seismic activities.
With 97% of the state’s area vulnerable to landslides and earthquakes, the High Court emphasised the need to prioritise safety and environmental sustainability. The PIL, originally filed over multi-storey constructions in Kumarhatti, Solan district, highlighted rampant unregulated construction in rural and non-planned areas, further exacerbating ecological risks.
Geological concerns ignored in new rules
The new TCP guidelines imposed certain conditions, such as restricting construction to land with a slope of less than 15 degrees in plains and 20 degrees in hilly areas. However, these measures failed to address the broader implications of large-scale construction on fragile mountain ecosystems.
The high court noted that unchecked construction in rural areas, beyond the purview of planning areas, has led to unsafe and haphazard development, putting residents and natural resources at grave risk.
High Court’s broader directive
In an earlier directive, the High Court had ordered the inclusion of the entire state under the TCP framework to regulate construction and prevent haphazard land use. Despite this, the notification permitting high-rise buildings contradicted the very principles of planned development.
The court’s latest intervention underscores the urgent need for stricter controls over building practices in Himachal Pradesh to safeguard its ecological balance and mitigate disaster risks. The decision is expected to set a precedent for responsible urban planning in the state.
