No construction within 3m of highways in HP

DECISION TAKEN TO STOP DAMAGE BEING CAUSED TO THE ENVIRONMENT ON THE ONE HAND AND INEVITABLE DISASTER ON THE OTHER

NEW DELHI: The National Green Tribunal on Thursday banned all types of construction, residential or commercial, in any part of the “green, forest and core areas” of Himachal Pradesh and within three metres of the national highways.

The tribunal rapped the Himachal Pradesh government for permitting indiscriminate construction and said it has failed to discharge its constitutional obligations and it was this fail- ure that has exposed picturesque Shimla to natural and man-made disasters.

“If such unplanned and indiscriminate development is permitted, there will be irreparable loss and damage to the environment, ecology and natural resources on the one hand and inevitable disaster on the other,” the bench said.

A bench headed by NGT chairperson Justice Swatanter Kumar restrained the Himachal Pradesh government and its departments from cutting hills and forests without prior sub- mission of application for sanctioning of plans for construction.

If any person is found to be damaging forest area or cutting hills without grant of permis- sion of the authorities concerned, then the individual would be liable to pay environmental compensation not less than ₹5 lakh for each violation.

On new constructions, it said, “Beyond the core, green/ forest area and the areas falling under the authorities of the Shimla Planning Area, the construction may be permitted strictly in accordance with the provisions of the town and country planning Act, development plan and the municipal laws in force. Even in these areas, construction will not be permitted beyond two storeys plus attic floor.”

“However, if any construction, particularly public utilities (buildings like hospitals, schools and offices of essential services but would definitely not include commercial, private builders and any such allied buildings) are proposed to be constructed beyond two storeys plus attic floor then the plans for approval or obtaining NOC shall be submitted to the concerned authorities having jurisdiction over the area in question,” the bench said.