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Illegal buildings: Authorities dither from taking action

The Himachal Pradesh High Court in the recent order, while disposing of the PIL against illegal constructions in the core area of McLeodganj, has directed the authorities to implement the new development plan strictly.

Illegal buildings: Authorities dither from taking action

The Dalai Lama temple road in McLeodganj. Photo: Kamljeet



Lalit Mohan

The Himachal Pradesh High Court in the recent order, while disposing of the PIL against illegal constructions in the core area of McLeodganj, has directed the authorities to implement the new development plan strictly. 

It had also made the officials of Town and Country Planning and Dharamsala Municipal Corporation liable for administrative and disciplinary action in case the provisions of the new development plan were not adhered to.

While the order might have come as a temporary relief for most of the hotel and restaurant owners on core area of McLeodganj, it also leaves a challenge before the authorities to get the new development plan implemented in letter and spirit. The core area of McLeodganj extends from the main crossing of McLeodganj to the Dalai Lama temple. Any change in structures in core area was banned to preserve the heritage of McLeodganj. However, due to lax implementation of the laws, virtually nothing was left of the core area and most of the old buildings had given way to high rise hotels, restaurants and shopping complexes.

After the High Court took cognizance of the illegal constructions in McLeodganj, the officials galvanised into action and all illegal hotels and restaurants lost their power and water connections last year. Though now the power and water connections have been restored, cases against illegal hotels and restaurants were lying pending before various authorities.

With the court now disposing of the PIL and issuing directions for strict implementation of new development plan, the hoteliers in the core area of McLeodganj would still have to effect changes in their buildings as per the norms of the new development plan.

Sources said as per the new development plan of Dharamsala, parking has been made mandatory for all hotels. None of the hotels in the core area has parking facility. To adhere to the new development plan norms, hotels would have to demolish their ground floors to create parking places.

The floor area ratio even in the new development plan has been kept at 1.75. It means that maximum construction that can be allowed would be 1.75 times of the total plot area. Under this norm, none of hotels in the core area qualifies to have more than four stories. However, many seven-storey hotels and commercial buildings have been brought up in the core area that does not have any parking facility. The authorities would have to mull over what action could be taken against such constructions.

Amicus curiae in the case, Devan Khanna, HP High Court, though has disposed of the PIL against illegal constructions in McLeodganj, it has also given clear directions for the strict implementation of the Town and Country Planning Act. 

It has also made officials liable for administrative and disciplinary action in case they do not implement the Act. He said the government was yet to notify the new development plan for Dharamsala. Now, it remains to be seen if the government implements it with retrospective affect. Till then, as per the court order, the officials are liable to take action against violators who have created deviations in their original approved plans. Moreover, after the court order anyone can move contempt proceedings if the officials fail to act against violators, he said.

The uncertainty of government to act over the issue of illegal constructions in McLeodganj area has already impacted tourism. It has already fallen over the last few years since many hotels lost their power and water connections.

Members of the hotel associations allege that the tour operators are not taking booking of Dharamsala due to uncertainty over the hotels in the area. So, it would be better if the government decides the issue either way and brings certainty to tourism industry in the area.

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