HC dismisses HP govt review petition on Retention Policy 2016-17
Shimla: Himachal Pradesh High court on Thursday dismissed the state’s review petition to reconsider the High court single bench decision in which court struck down the Himachal Pradesh Town and country Planning Department Retention policy to regulate 15000 the unregulated building and houses in the state.
The Division bench of Justice Tarlok Singh Chauhan and Justice Chander Bhushan Bariwala passed an order to dismiss review petition filled by the state of Himachal Pradesh and Town and country Planning Department to revoke the state 2016-17 retention policy.
The standing counsel of Himachal Pradesh High court who opposed the state government plea on the review petition and also pleading in another Petition to quash new Shimla Development Plan, Advocate Raghav Goel told UNI that the matter was listed before the Division bench in the open court, it was dismissed today.
Earlier this matter was also listed before the Division bench of justice Tarlok Singh Chauhan and justice Satyan Vaidya, today listed before the new bench which heard the matter on Thursday. It is worthwhile to mention that Virbhadra Singh Govt enacted a retention policy in 2016-17 by amending TCP act to regulate the about 35000 building which falls in 35 planning areas in the state under TCP Department but couldn’t regulated sofar.
About 5000 house owners applied under the schemes in Shimla and 9000 all over state. Before the state could excute the policy Himachal Pradesh High court in 2017 struck down as it was challenging by a person. State in 2018 again moved in the higher bench filling the review petition which High court again dismissed today.
Now the state may go in SLP in the Supreme court or it have to declare all questioned unregulated construction as unauthorized and the department may have to demolish them if it lost legal battle ahead. Now sward is again hanging on the houses of all owners (most of them in merged area) who are applied for the retention policy as they were virtually become unregulated and unauthorized.
Himachal has 35 planning and 35 special areas, 35 planning and 35 special areas in the state. The city of Shimla was also spread over a radius of 8 km till a few years back as dozens of villages have been merged from time to time in these villages. Shimla Plan area has increased to 32 km radius. In other cities of the state also, on the lines of Shimla, the surrounding areas have been merged into planning or special areas.
It is worthwhile mentioning that that TCP Act now covers all ancestral houses i.e. houses built five to six decades ago, because the law for new construction is also applicable in such areas. The state was bringing various retention policies to help the residents of the state regularize the illegal building’.
Those residents affected by the court order are blaming the government for negligence as it could tag about 15 thousand houses of Himachal illegal if the government fails to fight lost this legal battle in the apex court.
People say that if the government wants, these houses could be regularized. Local residents are seeking TCP to implement Clause 39 of TCP Act as it could declare all merged areas of TCP and Municipal Corporation Deemed regular most of merged area was not fall in TCP and number of villages around the cities are assigned to any planning area in 1994 under special area development plan. (UNI)
#Retention policy, #HP High Court