Shimla: Taking a serious view of regulatory lapses, Himachal Pradesh high court has directed the state govt to submit comprehensive statewide data on permissions for land purchase granted under Section 118 of the HP Tenancy and Land Reforms Act, 1972, to non-agriculturists and people from outside the state over the past decade, while questioning how multi-storey projects exceeding prescribed height limits were approved in the state’s hilly terrain.A division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi has directed Himachal Pradesh govt to disclose the total number of permissions granted across Himachal Pradesh, clarify whether these generate substantial revenue through application fees, processing charges or stamp duty, and explain whether large-scale projects have obtained mandatory environmental clearances.The court expressed serious concerns over construction practices in the Barog area of Solan district after examining a govt affidavit concerning 21 multi-storey building projects. The affidavit mentioned that directions to stop construction beyond six storeys were issued on Aug 29 after site inspections found construction exceeding six storeys in eight of the 21 projects in the Barog area.The state govt has been directed to give a clear account of the criteria used to approve or reject Section 118 applications. The bench has also been directed to disclose the details of rejected applicants and the reasons for denial, putting the spotlight on transparency and enforcement in land transactions and construction approvals across Himachal Pradesh.Approvals exceeding permitted limitsThe bench observed that several developers had obtained approvals for buildings exceeding six storeys in Barog, raising questions about compliance with regulations governing construction in hilly areas. Photographs submitted with the affidavit showed large apartment blocks that, prima facie, appeared incompatible with structural norms suited to mountainous terrain.The bench also questioned whether adequate distances had been maintained between buildings to mitigate fire hazards and whether prescribed setbacks and fire-safety clearance requirements were being followed. Referring to the regulations for development of apartments and colonies, the court noted that building height is capped at 25 metres, including the sloping roof, in hilly areas, compared with 30 metres in plains.The prescribed height roughly corresponds to six or seven floors. The state has been directed to explain how permissions exceeding the 25-metre limit were granted, including to the 21 developers under scrutiny. It must also clarify the norms governing distances between blocks and the parameters for fire-safety clearances.The court also found that the affidavits did not fully comply with its Sept 15 order. It sought a fresh forest department report, details of action taken on a complaint referred to the Solan deputy commissioner.Permissions under questionThe revenue department’s affidavit revealed that 187 permissions under Section 118 had been granted in Barog of Solan district to non-agriculturists — 64 for purchasing land for various purposes and 123 for purchasing built-up structures or flats. Shimla district recorded 801 permissions over the past decade, while Nahan tehsil in Sirmaur district accounted for 270, including 159 for industrial or tourism purposes and 111 for residential or tourism purposes. Finding the information incomplete, the court directed the govt to provide a comprehensive, revised list for Shimla district, including application dates, land area purchased and revenue status. It also sought details of permissions granted in Kullu, Kangra and the remaining areas of Sirmaur district, along with English translations of vernacular revenue records relating to Barog. The case will be heard n Dec 7.
