HP high court strikes down provision for regularising illegal constructions

SHIMLA: The Himachal Pradesh high court (HC) on Friday struck down the law enabling the regularisation of unauthorised constructions across the state.

A division bench of the HC comprising acting Chief Justice Sanjay Karol and Justice Tarlok Singh Chauhan while hearing a public interest litigation said, “Insertion of Section 30-B by the Amending Act is contrary to the object and purpose of the Principal Act, as also ultra vires the Constitution of India, as such we strike it down.”

The court ruled, “Much, as we had desired, the amendment being totally ultra vires, cannot be saved by adopting the doctrine of severability.”

It said, “We hold the amendment to be violative of Article 14 of the Constitution, being manifestly arbitrary, irrational, illogical, capricious and unreasonable.”

Further the bench observed that the object and purpose of the act was to induce those having black money to convert it into white money by making it available to the state for productive purposes, without granting in return any immunity in respect of such black money.

It further held, “The effect of such regularisation on safety, in terms of fire and traffic remains ignored.

The fragile ecology of the state warrants demolition of all illegal constructions, which are beyond the planning and permissible limits."

The Himachal Assembly had passed a bill in 2016 amending the Act to regularise unauthorised constructions.

The HC had stayed the implementation of the Act in April 2017.