File affidavit about special areas in Himachal, HC tells govt

Vijay Arora

Shimla, December 27

The HP High Court has directed the state government to file affidavit enlisting the 36 areas which are stated to have been declared as special areas by the state.

A division bench comprising Chief Justice AA Sayed and Justice Jyotsna Rewal Dua further directed the state to file compliance affidavit by January 4, 2023.

During the course of hearing Anup Rattan, Advocate General, pointed out that till now about 36 areas have been declared as special areas in the state. He further sought time to take complete instructions on declaring all other areas as special areas, where there is high potential of growth/development particularly in the hills having valley view and/or proximity with tourist areas so that the development/construction activities in the said areas can be regulated.

On this the court further directed the state to specify such areas in the state in the affidavit and also mention the time frame within which the notifications in this regard would be issued.

The court passed this order on a PIL filed by Kusum Bali highlighting the issue of haphazard construction activities in the most ecologically sensitive area of Barog.

However, on the previous date, the court had expanded the scope of the Public Interest Litigation by including the entire state so as to ensure that constructions by cutting and chopping of hills is regulated by the authorities.

During the course of hearing Advocate General placed on record a communication issued by the Town and Country Planner, Solan, wherein it is stated that in compliance of the order passed by the court on December 16, notices have been issued to all individuals directing them to stop all the construction/development activities at site especially Kheel-Jashil-Koron- Kainthri road (near Barog).

The communication further revealed that the office of the Town and Country Planner, Solan, is preparing a draft proposal for extension of Barog Special Area to the area of 6 kilometers stretch on either side of Kheel-Jashil-Koron- Kainthri road and the draft proposal along with all requisite documents would be submitted within one week.

The petitioner has specifically contended that the area of 6 kilometers between Kheel Jhalsi village to Kainthari village (including Koro village), near Barog area (Solan) in which the construction activities are reported is not covered by the Himachal Pradesh Town and Country Planning Act and does not fall in any planning area.

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