Court Takes Stern View of Construction Violations, Orders Immediate Demolition
Shimla – The Himachal Pradesh High Court has taken decisive action against construction violations, issuing an order for the immediate demolition of an illegal building in Kusumpatti, Shimla. The court has made it explicitly clear that the entire cost of the demolition should be borne by the offender. Acting Chief Justice Tarlok Singh Chauhan and Justice Virender Singh, comprising a division bench, have instructed the district administration to provide the necessary support to execute the court’s ruling. A compliance report on the orders is scheduled to be submitted by May 22.
The court has taken action in response to a public interest litigation (PIL) filed based on a letter from Udit Panwar, who alleged unauthorized construction on government land by a resident of Kusumpatti without the necessary approvals.
Upon acknowledging the petition, the court named the accused as a respondent and summoned them to provide an explanation. However, the accused failed to appear for subsequent court proceedings. The court took note of the respondent deliberately evading appearances on both April 4, 2023, and May 15, 2023.
During the proceedings, the Municipal Corporation representatives informed the court that despite receiving a notice, the offender not only continued the illegal construction but also expanded the unauthorized structures. The court expressed grave disapproval of the offender’s disregard for the law and highlighted their persistent absence as evidence of a willful and obstinate attitude.
Based on the offender’s behavior, the court ordered the immediate demolition of the illegal construction. It charged the district administration with executing the demolition and emphasized the complete recovery of the incurred costs from the offender.
The High Court’s unwavering stance against unlawful construction serves as a powerful reminder of the importance of adhering to building regulations to preserve the integrity of urban development and protect public lands. This decisive action sends a strong message to potential offenders that violations will not be tolerated and will carry severe consequences.
