A Division Bench of the High Court of Himachal Pradesh has asked the government how large scale permissions have been granted under Section 118 of the HP Tenancy and Land Reforms Act, 1972, to non-agriculturists in the state, besides the criteria for the grant and rejection of such applications.
While hearing a public interest litigation (PIL), the court, in its order issued on October 13, also sought the details of persons who had applied for permission and those who were denied permission, besides the reasons that weighed on the state government to deny permission.
The government has also been asked to disclose the number of permissions granted under Section 118 in the state over the past decade, besides information whether such applications generate any substantial revenue to the state exchequer in the form of processing fee, application fee, stamp duty, etc.
A Bench comprising Chief Justice GS Sandhawalia and Justice Bipin C Negi took note of the 187 permissions granted under this Act in the Barog patwar circle to non-agriculturists.
The permissions granted comprise 64 for the purchase of land for various purposes and 123 for the purchase of built-up structures or flats.
While 801 permissions had been granted in Shimla district over the past decade, 270 permissions, including 150 for industrial/tourism use and 111 for residential/tourism purpose, were given in Nahan, according to the reply filed by the state government.
The court also raised other key concerns like seeking mandatory environmental clearance for large-scale projects. The court noted that construction beyond six stories had been detected in eight of the 21 realty projects in the Barog area.
These buildings were granted permissions prior to May 11, 2026, when restrictions on the construction of buildings beyond six storeys were in force.
The court observed that builders obtained permission for the construction of buildings beyond six storeys after obtaining permission under Section 118 of the HP Tenancy and Land Reforms Act, 1972.
Multiple high-rise apartments being constructed in Barog have also drawn the attention of the court. These apartments prima facie appear incompatible with structural norms suitable for hilly terrain.
The court also expressed concern over distance maintained between building blocks to mitigate fire hazards as well as on setbacks maintained between adjacent blocks.
While regulations for the development of apartments and colonies prescribe that the overall height of a building shall not exceed 25 metres in a hilly area, which corresponds to six or seven floors, the state has been asked to explain how permission for buildings beyond 25 metres was accorded to these projects, including 21 builders who had been issued stop-construction notices. The case has been listed for next hearing on December 7
