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This is an archive article published on August 22, 2016

Successive governments have failed to check unauthorised constructions in Shimla, says Sudhir Sharma

Town and Country Planning and Urban Development Minister Sudhir Sharma tells The Indian Express that even as the new bill aims at regularising illegal constructions in Shimla, there will be no compromise on structural safety.

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Why this bill to amend Town and Country Planning Act, 1977?

Successive governments have failed to check unauthorised constructions in Shimla. We are not indulging in any blame game. Deviations are serious and reasons are also plenty. As the government of the day, we have a duty to find a solution and give relief to citizens.

Discussions were held at various levels and views of experts, planners and legal luminaries were taken. Everyone suggested a one-time relaxation. We have, thus, chosen to do it through legislative mode, not an executive route.

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The government promulgated an ordinance and fixed certain parameters for buildings that will be eligible for one-time relief. Why were those conditions changed?

The government received certain suggestions from stakeholders, public representatives and citizens, asking for the removal of certain harsh conditions to benefit common citizens. All those suggestions have been incorporated in the draft bill. Whatever emerges from discussions in the House will be acceptable to the government.

How can the government assume that this will be a one-time relaxation and the last one?

First, it is being done through a law. Simultaneously, we will amend the Shimla Municipal Corporation Act to give powers to the local body to exercise its powers to demolish illegal buildings (coming up after this law), impose the heaviest penalties, and send the violators to jail for up to three months. Earlier, there was no such provision.

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Environmentalists are raising questions on adverse impacts of such an exercise.

Let me assure everyone that there will be no compromise on structural safety. Once citizens submit their proposals, every single case will be scrutinised. There will be physical verifications. Views of structural safety experts will also be taken. We will reserve the right to reject the applications. Those who have played havoc or taken advantage of the systematic loopholes will be dealt under the law.

What is the guarantee? Municipal Corporation elections are a few months away and the government will be concerned about vote bank.

No, there are courts to intervene. The National Green Tribunal (NGT) is already active and has ordered a study on the carrying capacity of Shimla.

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Is there a plan to set up a Greater Shimla Authority for better monitoring and law enforcement?

Yes, it’s true. We are working on a plan to merge all three Special Development Areas (SDAs) to form a Greater Shimla Authority. We are also working on the Shimla Development Plan. Bids have already been invited to have a masterplan for Shimla in place.

Questions were raised on permissions given by the government in areas where construction should not have been permitted. This includes Jakhu area where Chief Minister lives.

If that was done, it must be as per law. The Commissioner of the Shimla Municipal Corporation has the powers to grant permissions. There is a committee of experts to aid and advice him on case-to-case basis. We also have a heritage committee that goes through each proposal. The fact is there can’t be a total ban on construction in any city or town. It’s a continuing process.

But how will you stop unauthorised construction in future?

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We have started online tracking system . Approvals will be given online, and there will be periodic monitoring.

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