Panchayat Nocs Not Enough For High Rise Hill Buildings Hc

Holding that certificates issued by panchayats cannot be treated as an assurance of safety for multi-storeyed buildings in a seismically vulnerable hill state, the Himachal Pradesh high court has directed the state government to ensure mandatory soil investigation reports, structural design assessments and stability certificates before permitting major construction projects.

“The structural stability certificate must be obtained before putting the building into use, and this includes soil investigation and structural design basis reports. Furthermore, the practice of obtaining such certifications from panchayats offers no assurance for high-rise buildings proposed by private builders in the state, especially in hilly areas with steep gradients and high seismic activity,” observed the division bench, comprising chief justice Gurmeet Singh Sandhawalia and justice Bipin Chander Negi, on June 18.

This observation was made while reviewing compliance with earlier directions issued in a long-pending public interest litigation regarding unplanned urban development and rampant construction activities in the state.

The bench stressed that Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977 mandates structural stability certification, including soil investigation and structural design basis reports, before such buildings are put to use.

The observation came barely a month after the HC had summoned the secretary, town and country planning (TCP), over non-compliance of directions issued as far back as January 2023 for preparation of regional and sectoral plans across the state.

During the earlier hearing, the court had taken serious note of a status report showing that 15 high-rise buildings had come up in the Barog Hills area of Solan district and had also questioned permissions granted to a hospitality project comprising multiple four-to-seven-storeyed blocks.

Examining the fresh status report filed by the state, the court noted that only the regional plan for Lahaul and Spiti had been notified while work on the solan regional plan was still at the final stage. Plans for Shimla, Kangra and Kullu remain pending despite repeated directions and extensions granted over the last three years.

The bench remarked that there had been little progress worth mentioning and observed that the state appeared to have “woken up from its slumber” only after the court’s May 11, 2026 order. The court also noted that policy guidelines for cutting, conservation and preservation of hills, directed to be framed in the January 2023 judgment, are yet to be notified.

It further sought a categorical affidavit from the state indicating the timeline within which all directions issued in the judgment would be implemented. Taking note of the government’s proposal to create a dedicated technical cadre comprising town planners, planning officers, geologists, environmental engineers and junior engineers, the bench said the recruitment process should be pursued earnestly to strengthen regulatory oversight and ensure uniform planning standards. The case would now come up for hearing on July 7.