Hindustan Times (Chandigarh)

HC stays regularisa­tion of illegal houses in HP

- Saurabh Chauhan

SHIMLA:Even as over 13,000 people have applied for regularisa­tion of unauthoris­ed houses in Himachal Pradesh, the high court has stayed the process.

The court has asked the government to clarify if, it went through the apex court orders, which term such regularisa­tion as against the spirit of law, before amending the law

The division bench comprising justice Sanjay Karol and justice Tarlok Singh Chauhan, while hearing a public interest litigation filed by advocate Abhimanyu Rathore, directed the town and country planning department and municipal corporatio­ns not to take any final call under ‘as is where is’ basis until court orders. The court has also sought clarificat­ion on whether Supreme Court and high court orders, which termed such regularisa­tion as against the spirit of law, were tabled in the house before amending the town and planning bill to ensure regularisa­tion of unauthoris­ed structures. The bench listed the matter for April 17 for the next hearing.

The petitioner has said that such laws would endorse illegal constructi­on and cause discomfort to honest and law abiding citizens. He also said that the government has failed to fulfil its constituti­onal duties and is now protecting law breakers. The petitioner said enacting such laws shows “non-applicatio­n of mind”. The petitioner has also sought quashing the law and action against those officers responsibl­e for illegal constructi­on in the state.

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