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HC ruling on Concrete mess IN SHIMLA

Govt may relook at rules to get out of disorder

SHIMLA: With no possibility of the government bringing in a retention policy on illegal constructions following the High Court order on Friday, the government is weighing various options, one of them is making an amendment in the Town and Country Planning (TCP) Act.

Govt may relook at rules to get out of disorder

Haphazard construction in Shimla. Photo: Amit Kanwar



Pratibha Chauhan

Tribune News Service

Shimla, May 23

With no possibility of the government bringing in a retention policy on illegal constructions following the High Court order on Friday, the government is weighing various options, one of them is making an amendment in the Town and Country Planning (TCP) Act.

The number of unauthorised structures in the state are over 30,000 with a sizeable number being in Shimla and its suburbs, according to the TCP Department.

The government proposal for an amendment in the TCP Act has not materialised over the last one year even though an ordinance was issued, only to be withdrawn hastily.

“We will examine the court order. We are keen that there is no violation of norms,” said Urban Development and TCP MinisterSudhir Sharma. He said the government was getting structural stability of buildings in main hill towns examined to ensure minimal loss in case of an earthquake or any other natural disaster.

Coming down heavily on the authorities, the High Court, in its order, had observed that a high-intensity earthquake could turn Shimla into a tomb of rubble as it was in Seismic Zone IV-V. “After decades of haphazard development and environmental degradation and destroying activities, both by the municipal corporation and residents of Shimla, there is finally a ray of hope in the prospects of Shimla getting the UNESCO world heritage site tag,” the order read.

Court asked if the city could get the status in the current scenario where encroachers were having a field day and roads were choked.

The TCP Department promulgated an Ordinance on September 6, 2014, to bring about amendments in the Act. The core, green and heritage areas of the state capital had not been included in the Ordinance as it was felt that this would amount to encouraging violators. Later, the Ordinance was withdrawn, but these areas were still likely to be denied the benefit of regularisation.

“The government had given an affidavit in court when the fifth retention policy was brought about, stating that no new policy will be framed. We are left with no option but to make amendments in the TCP Act. The illegal status of over 30,000 structures has to be decided once and for all,” said a TCP official.

It was last year that Virbhadra Singh government introduced a Bill for making amendments in the TCP Bill.

The Bill was later referred to the Select Committee of the Vidhan Sabha and its recommendations placed before the Cabinet. The Select Committee had recommended that these structures be regularised, but the modalities were still being worked out.

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