Retention Policy in Himachal Pradesh

On 28^th August 2016, Himachal Pradesh Assembly passed the HP Town and Country Planning (HPTCP, Amendment) Bill, 2016. The Act amended the Principal Act of HPTCP 1977.  It was the seventh time that a Retention Policy came into force in the state, out of which five times the policy was confined to Shimla alone. The Policy allowed illegal constructions to be authorised. In 2009, the policy was implemented for the entire state for the first time. As per the statement of Himachal Pradesh Urban Development minister Sudhir Sharma 9097 applications were received for regularisation

Important points under consideration

• Under the Act, the areas falling under Planning Areas covered under TCP Act and Special Areas notified by State Government are covered.
• Buildings built on or before 15^th June 2016 are eligible for regularisation irrespective of the fact whether the notices regarding the illegal construction were issued or not.
• Buildings are to be regularised on “as is where is” basis. No percentage criteria for setbacks was fixed. 
• Applicants had to submit Structural Stability Certificate from the qualified Structural Engineers along with Affidavit stating that applicant will not object for laying of any civic amenities. There was no restriction on number of storeys subjected to the stability of structure.
• Even the persons who had not obtained any permission for construction of building were eligible to apply for the regularisation.
• State Government had given a window of 60 days for submission of cases under this Retention Policy.  

Environmental Hazards in Himachal Pradesh

In recent years, there has been a spate of landslides in Himachal Pradesh. According to experts, environmental changes and unscientific methods are to be blamed for landslide in Kotrupi in April this year. Keeping in mind the ecological fragility of the region, encroachments need to be discouraged. Interestingly, in clarification to the Governor Acharya Devvrat, the state government had stated that frequent amendments, retention policies and lack of awareness of construction norms had led to surge in illegal structures.  

Low quality of life

Punit Kumar works as a Security Guard in a private school at Baddi, an industrial town in Solan District in Himachal Pradesh. On the boundary wall of the school building exists the foundation of another four-storeyed school. When queried about the difficulties faced by him due to unregulated construction, he says “Hawaa paani ruk gaya humaara”. He points out laughingly at the cattle shed constructed on another wall of the building, saying “Hawaa idhar chahiye bhi kise”.

In the same town, we discovered that the residents have extended their homes with construction on the sewers passing through the city.

High Court to the rescue

Advocate Abhimanyu Rathore filed a Public Interest Litigation (PIL) pleading that such a law would bring discomfort to the law abiding and honest citizens of the state. On April 4^th, 2017, Division Bench of Justice Sanjay Karol and Justice Tarlok Singh Chauhan stayed the move of regularisation of illegal construction seeking more clarifications.

Current Status

State in its reply contended the policy to be a conscious legislative policy decision with a purpose to avoid demolition of large-scale demolition of unauthorised constructions. It further contended that there was no compromise with safety measures in any conceivable way. The case is still pending in Himachal Pradesh High Court.