No High Court judge-monitored probe into Chester Hills project: Himachal government

The inquiry was conducted through the Sub-Divisional Magistrate (Civil), Solan, Poonam Bansal. Based on the report submitted by the SDM, a case concerning violation of Section 118 has been filed before the District Collector, Solan, where the matter is currently under hearing.”

The minister said there was no need for an inquiry under the supervision of a sitting high court judge, because the District Collector was competent under the law to inquire into complaints relating to violations of Section 118 and take appropriate action.

Negi also informed the House that the proceedings in the case were already underway before the District Collector’s court.

Section 118 protects the land rights of the people of Himachal Pradesh, especially agriculturists in rural areas. It prohibits non-agriculturists from purchasing agricultural land without prior government permission. The provision aims to protect local agrarian interests and prevent speculative land acquisition by outside entities. It prohibits the transfer of land-by way of sale, gift, exchange, lease, or mortgage-to any person who is not an “agriculturist” (defined as someone who cultivated land personally in Himachal Pradesh before the Act). Non-agriculturists must seek special permission from the government, often requiring detailed project reports and RERA approvals. However, land can be transferred without such permission to landless labourers, Scheduled Castes/Tribes, village artisans, and for specific projects approved by the state government.

Chester Hill, a private mega housing project, was approved by the Himachal Pradesh Real Estate Regulatory Authority (RERA) in Solan district. The ongoing controversy concerns two extended parts of the project – Chester Hills-2 and Chester Hills-4 – approved by the RERA in 2023.

The land was purchased by agriculturist Hans Raj Thakur, a resident of Mandi district, together with his family members. He is listed as the housing project’s promoter. Chester Hills-2 comprises five blocks with a total of 163 flats, while Chester Hills-4 comprises one block with 65 flats – together, the two projects total 228 flats.

On August 20, 2025, one Rajiv Shandil, followed by the Association of Allottees, Chester Hills, Solan, filed complaints before the SDO (civil)-cum-SDM, Solan, alleging violations of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, along with alleged benami transactions involving non-agriculturist promoters in relation to the real estate projects Chester Hills-2 and Chester Hills-4. It was alleged that local landowner Hans Raj Thakur had transferred the land to the promoters of M/s Chester Hills through a collusive arrangement, and that non-agriculturist promoters were still exercising control over the projects, including marketing activities and receipt of sale proceeds from apartments and villas developed under Chester Hills at Ber Khas, Salogra, in Solan district.

Later, the then chief secretary Sanjay Gupta termed the Solan SDM’s probe report “a prima facie violation of settled law, and any action by the Deputy Commissioner, Solan, based on this report would hurt the interests of agriculturists”, attracting criticism from opposition parties and activists.

The BJP MLA also sought details about land registrations exceeding 20 kanals in Dharamshala and Rait/Shahpur tehsils of Kangra up to August 1, 2026.

The government’s data showed six such registrations during the specified period, two of which were registered under Section 118.

Among these, one permission involved 24 kanals and seven marlas of land in Kangra tehsil, while another involved 37 kanals and one marla in the Harachakiyan sub-tehsil. The latter was registered in favour of the Vrindavan Foundation Trust, Bharatpur, Mathura, for an ashram/religious activity.

The government’s response also listed other large land transactions in Kangra and Shahpur tehsils, including transactions involving private individuals and an industrial company.