Shimla (Himachal Pradesh) (Bihar) [India], October 17 (ANI): The Himachal Pradesh High Court has directed an immediate halt to further construction at a site between Boileauganj and Chakkar in Shimla, expressing serious concern over alleged unauthorised multi-storey buildings, tree felling and the reduction of green cover.
A Division Bench comprising Chief Justice GS Sandhawalia and Justice Bipin C Negi directed the Municipal Corporation, Shimla, to issue stop-construction orders forthwith.
The court also questioned the police for leaving the names of suspects blank in a First Information Report (FIR), despite an earlier order identifying persons allegedly involved in the construction. The Bench observed that the omission appeared to be a deliberate attempt to shield those responsible.
The public interest litigation (PIL) was registered following a representation regarding the construction of two large buildings, reportedly extending beyond five to six floors, between Boileauganj and Chakkar.
The court had directed the Secretary of the District Legal Services Authority (DLSA) to inspect the site along with officials of the Forest Department and the Municipal Corporation, Shimla, and report on the building permissions, nature of the land and authorisation for the road constructed at the site.
In its report, the DLSA Secretary documented extensive construction and alleged unauthorised reduction of green cover. The court appreciated the Secretary’s efforts in preparing a detailed report.
According to the report and accompanying photographs, one building has six levels, while another has four storeys and a habitable sloping roof. The six-level structure, raised directly above road level, has allegedly obstructed the valley view in violation of Regulation 31 of the Himachal Pradesh Town and Country Planning Rules, as amended in 2025.
The report indicated that construction had apparently been underway for around five years, with Google imagery dating back to 2020 cited in support of the observation.
It also documented the cutting and uprooting of trees in Khasra Nos. 425/1 and 425/2. According to the report, as many as four trees had been uprooted, while construction and excavation allegedly continued during the rainy season despite the hill-cutting and excavation ban notified on August 30, 2025.
The court expressed concern that the alleged violations had taken place despite the presence of the Forest Department, Municipal Corporation and Police Department. The report characterised the circumstances as indicative of serious lapses and possible collusion among the departments concerned.
The Bench also examined an affidavit filed by the Station House Officer of Police Station West, Boileauganj, stating that FIR No. 216 of 2026 had been registered on October 12 under Sections 326(b) and 125 of the Bharatiya Nyaya Sanhita, 2023.
However, the court noted that the columns relating to known suspects and accused persons had been left blank and the individuals recorded as unknown, despite the court having previously mentioned the names of persons allegedly involved along with the developer, M/s Tenzin Construction Private Limited.
Taking note of the discrepancy, the Bench recorded its concern over the police’s handling of the matter.
The SHO, who was present in court, undertook to include the names of the accused persons in the FIR, complete the investigation at the earliest and submit a status report detailing the action taken by the next hearing.
The court further directed that a copy of its order be served on the occupants of the site by the SHO to ensure compliance with the stop-construction directions.
The matter has been listed for further hearing on November 4, 2026. (ANI)
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