The Himachal Pradesh High Court has demanded detailed explanations from the state government regarding the large-scale approvals granted to non-agriculturists under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. The court is seeking information on the criteria used for granting and rejecting such applications, as well as the specifics of individuals who applied and were denied permission.
Information was available with The Chenab Times that a Division Bench of the Himachal Pradesh High Court, in an order dated October 13, also questioned the government about the revenue generated from these permissions through processing fees, application fees, and stamp duties over the past decade. The court’s inquiry stems from a public interest litigation (PIL) that has brought to light concerns about land development and construction practices within the state.
The Bench, comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi, specifically noted 187 permissions issued under the Act in the Barog patwar circle. Of these, 64 were for the purchase of land for various purposes, and 123 were for acquiring built-up structures or flats. This significant number of approvals for non-agriculturists has prompted judicial scrutiny into the implementation and oversight of Section 118.
Further details provided by the state government revealed that over the past decade, 801 permissions were granted in Shimla district. In Nahan, 270 permissions were issued, with a substantial portion allocated for industrial and tourism use (150 permissions) and residential and tourism purposes (111 permissions).
Beyond the scope of Section 118, the court also expressed serious concerns regarding mandatory environmental clearances for large-scale projects. A significant observation was made about construction activities in the Barog area, where eight out of 21 realty projects were found to have buildings exceeding six stories. These constructions were reportedly permitted prior to May 11, 2026, when restrictions on buildings taller than six stories were in effect. This raises questions about the adherence to building regulations and the effective enforcement of environmental guidelines.
The court pointed out that builders may have secured permissions for constructing buildings beyond the six-story limit by first obtaining approvals under Section 118 of the HP Tenancy and Land Reforms Act, 1972. This suggests a potential circumvention of height restrictions through the land purchase approval process.
The proliferation of multiple high-rise apartments being developed in Barog has also attracted the court’s attention. These structures, prima facie, appear to be incompatible with the structural norms typically required for a hilly terrain, raising safety and stability concerns. The court is seeking to understand how such developments are being sanctioned in an ecologically sensitive and geologically challenging region.
Additional concerns were raised regarding the safety measures for buildings in hilly areas. The court specifically questioned the distance maintained between building blocks to mitigate fire hazards and the setbacks between adjacent structures, which are crucial for ensuring structural integrity and preventing the spread of fire.
Regulations for apartment and colony development in hilly areas generally stipulate a maximum building height of 25 meters, equivalent to six or seven floors. The state government has been tasked with explaining how permissions for buildings exceeding this 25-meter limit were granted. This includes projects associated with 21 builders who have reportedly been issued stop-construction notices, indicating prior violations or ongoing issues with compliance.
The Himachal Pradesh High Court has scheduled the next hearing for this case on December 7, at which time further submissions and clarifications are expected from the state government. The court’s detailed examination of these approvals underscores the importance of transparent land management, adherence to environmental regulations, and the implementation of robust building codes to ensure sustainable development in the ecologically fragile Himalayan state.
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The Chenab Times News Desk
