Concrete Jungle: Kasauli illegal construction

The Himachal Pradesh government even rolled out a Retention Policy last year for regularising the unauthorised constructions, which was challenged in a court. The matter is sub judice.

It was, however, only on April 17 this year that the Supreme Court put an end to their free run when it ordered demolition of the unauthorised structures at 13 hotels and guest houses, located in different parts of Kasauli Planning Area, all en route to the hill town.

However, implementation of the Supreme Court order took a different turn on May 1, the deadline set by it in its April 17 order, when Assistant Town Planner (ATP) of Kasauli Shail Bala was allegedly killed by a owner of one of those guest houses during a demolition drive. The murder has raised a set of important questions – whose job was it to stop the unauthorised constructions and how did those, who violated the rules, get away all these years?

As per the Development Plan for Kasauli Planning Area, laid down by the town and country planning department, no construction can exceed three storeys plus one parking area. This rule does not include Kasauli cantonment where Cantonment Board norms prevail.

Illegal portion of Narayani Guest House on Kasauli Road being demolished. (Jaipal Singh)

But the 3+1 norm was flouted with impunity for years, by adding floors and utilising the parking area for office and rooms.

Solan District Town Planner Leela Shyam says she joined in 2014 and after noticing the irregularities, issued notices to the violators. I was not aware if my predecessors also issued notices to the violators. It must be there in the record,” she says.

Sunita Devi, owner of Hotel Divshikha on Kalka-Shimla highway, says no one served her any notice about any unauthorised construction until 2015.

In addition to an extra portion of the hotel demolished during the drive, a three-storey structure adjacent to the original building is set to be demolished as per the Supreme Court orders.

Not only the town and country planning department did nothing to check unauthorised constructions, other departments concerned with pollution and environment aspects too did little.

In a hard hitting order in April 2017, National Green Tribunal, while referring to Hotel Pine View and Hotel Pine View II, said “Praveen Gupta, Senior Environmental Engineer (Pollution Control Board), had never visited the site before issuing a consent order dated June 18, 2016.”

The order noted that the erring hoteliers had told the tribunal that no action was taken from August 31, 2010, when they received the first red flag from the town and country planning department until 2016 against the hotels for the unauthorised constructions. On March 4, 2016, the department had sent a notice that their electricity would be disconnected.

In fact, it was the National Green Tribunal, which first ordered demolition of unauthorised constructions in hotels and guest houses falling under Kasauli Planning Area last year. The hotelier and owners of guest houses challenged the NGT order in Supreme Court, until it ordered demolition of the unauthorised structures on April 17.

Many hoteliers allege that along with unauthorised constructions, compoundable structures, for which they had paid requisite regularisation charges and fines were also being demolished by the government as it was “incorrectly interpreting the Supreme Court order.”

On May 1, hours before firing a bullet from his gun at ATP Shail Bala, Narayani Guest House owner Vijay Singh argued with her at length claiming that the portions of his guest house that had been “passed” should not be demolished.

Town Planner Shyam, however, says only unauthorised constructions, as ordered by the Supreme Court, are being demolished. “Compoundable constructions are not being demolished,” he says.