Connect with us

Misc News/Press Release

HP High Court strikes down retention policy after terming it illegal

Published

on

HP Government retention policy struck down by hp high court

Not only it contradicts with the object and purpose of the principal act, but was also “manifestly arbitrary, irrational, illogical, capricious and unreasonable.”

Shimla: As a huge setback for the potential beneficiaries of the retention policy, the State High Court has struck down the amendment made in the HP Town and Country Planning Act through a bill that was passed by the Congress-led government in September 2016.

 The government had sought to legalise illegally raised buildings/structures on “as is, where is” basis by imposing a trivial fee of Rs. 500 to 1,000 per square feet. 

A division bench of the high court comprising Acting Chief Justice Sanjay Karol and Justice Tarlok Singh Chauhan said the insertion of Section 30-C in the amended Act violates the Article 14 of the Constitution, which provides for equality before the law.

It implies that the court is directing the government to go ahead with demolition of illegal structures as there was no legal hindrance to defend the action.    

Before striking down the amendment, the bench also held that not only it contradicts with the object and purpose of the principal act, but was also “manifestly arbitrary, irrational, illogical, capricious and unreasonable.”

“The science behind planning has given way to human greed and not the need, as the Minister wanted the House to believe,” said the Court  

The government had enacted the law from July 2017. However, the amendment was challenged by some petitioners appealing the court to consider it cheating with the honest people, who have followed all the rules and regulations regarding the construction.

The Court had stayed the implementation of it after the petitions filed by Abhimanyu Rathor, Raghav Goel and Hitanshu Jishtu.

The strongest argument given by then Minister of Urban Development, Sudhir Sharma, was that illegal buildings have mushroomed to an extent where mass demolition would leave people homeless and cause possible law and order situation.

The government said the people were not aware of the laws regarding the construction and raised buildings in wake of increasing demand for residential and commercial purposes amid rapid urbanization.

However, the Court made it a point that it was the duty of the government to create awareness among its people regarding the existing construction laws, and that it cannot use this argument as an excuse for its deliberate neglect towards the trend of illegal construction, which mushroomed right under its nose.    

On Friday, the Court finally dismissed the amendment under which the government was planning to regularize over 2,500 illegal structures in Shimla only.  

The government could not provide any solid facts about its explanation for introducing a retention policy, said the bench.

The Court pointed out that excessive construction will overburden the available resources and public amenities.

It said urban Shimla is clear evidence that the city did not develop in a planned and scientific manner. During the British-era Shimla was developed for a population of less than 20,000. However, currently, it is bearing a burden of over 2.5 lakh people.

The construction around the core area is so congested that a mild-intensity temblor could reduce the city into a tomb of rubble, the Court said. 

The destruction of ecology was another factor that the Court considered while striking down the retention policy.

Further, the Court has condemned the repeated efforts of the government to protect, patronize, and encourage the violators by creating such policies instead of taking action against them.

Misc News/Press Release

Himachal Reports 87 COVID-19 Deaths in 11 Days With a Steep Rise in Cases

Published

on

COVID-19 deaths in Himachal pradesh on november 10

Shimla-With nine more COVID-19 deaths on Wednesday, the tally for Himachal Pradesh has jumped to 399. The state is witnessing a surge in November as 87 deaths were reported during the last 11 days. Yesterday’s fatalities included seven males and two females aged between 45 to 87 years. Find the reasons for these fatalities below:

himachal pradesh -Update on covid-19 deaths

Further, according to the state Health Department’s official statistics, 610 new cases of COVID-19 were detected yesterday, of which Shimla reported highest (118) cases, followed by Mandi (116).

In Mandi district, as many as 26 more teachers and some students reportedly tested positive yesterday. The infected also included two doctors of Tanda Medical College, Kangra, and a couple of policemen in Sakoh.

Operation theatre at the Kamala Nehru Hospital, Shimla, was reportedly closed for a week. Similarly, the women police station in Shimla was also closed following the detection of a case.

Further, the state High Court has taken suo moto cognizance of a news report published in an English daily and issued a notice to the government. The news pertained to Indira Gandhi Medical College, which ran out of space for COVID-19 patients in isolation wards.

As per official data, the total for COVID-19 in the state had reached 27418 till yesterday evening (9 pm), of which 5605 were active cases. Mandi district has reported highest 4194 cases, followed by Solan (3958), Shimla (3725), and Kangra (3635).

The state government is barely speaking on the alarming rise in fatalities and its strategy to control it. But Chief Minister, while addressing a public meeting at Sihunta under Bhatiyat Assembly Constituency yesterday, did hail the Prime Minister and claimed that the nation is out of COVID-19 crisis.

“He (PM) has successfully brought the Nation out of Covid-19 crisis,”

Chief Minister said.

HP Health Department COVID-19 Bulletin for November 11, 2020 (9 pm)

 

 

Continue Reading

Misc News/Press Release

Himachal Reports 12 COVID-19 Deaths in Single Day, Surge in Cases in Shimla

Published

on

Himachal Pradesh COVID-19 deaths till diwali

Shimla-COVID-19 continues to wreak havoc in Himachal Pradesh as a record 12 fatalities were reported on Tuesday. Of the 611 new positive cases yesterday, Shimla reported highest 148 with seven fatalities. The deceased included 11 males and a female aged between 47 to 92 years.  During the last three days, the state has reported 25 fatalities. Find the details regarding the causes of deaths below:

Himachal Pradesh Record COVID-19 deaths

The state government had yesterday decided to close all educational institutes in Himachal for 15 days after over a hundred teachers and students tested positive in schools. The government termed it as a special vocation for students, teachers, and non-teaching staff of all educational institutes.

The capital has witnessed a surge as over 750 cases were reported during the last six days. In the season of festivity and marriages, social distancing and other guidelines issued by the MHA for personal protection are being flaunted, which is only fueling the spread. 

On top of it, the COVID-19 Hospitals in the state have begun to run out of beds for patients in isolation wards. The largest medical facility in the state – Indira Gandhi Medical College & Hospital- was packed to its full capacity, which was only 85 beds. Dr Rajneesh Pathania, Principal of IGMC, confirmed the report. According to media reports, DDU hospital, Shimla, had also run out of space. The government is yet to prepare the make-shift hospitals it had announced a couple of months ago. 

So far, according to the official statistics, the state had reported a total of 26808 cases till yesterday evening (9 pm), and the official COVID-19 death tally had mounted to 390.

HP Health Department COVID-19 Bulletin for November 9, 2020 (9 pm)

Update Himachal Pradesh COVID-19 for november 10, 2020

Featured Image: [email protected]

 

Continue Reading

Misc News/Press Release

Amid Alarming Surge in COVID-19 Cases and Deaths, Hospitals Including IGMC Running Out of Space

Published

on

covid-19 in himachal pradesh igmc beds full

Shimla– Amid the festive season, Himachal Pradesh is witnessing an alarming surge in COVID-19 cases and fatalities. As a matter of huge concern, the Indira Gandhi Medical College & Hospital, Shimla, has run out of beds in isolation facility and can’t accommodate more patient, unless someone is discharged or dies. There was space for only 85 patients at the hospital, which is full presently.

The DDU hospital, too, is running out of capacity with a surge in cases. Further, make-shift hospitals announced by the state government haven’t seen light of day. IGMC is the largest medical facility of the state and COVID-19 patients in critical condition were referred here.  

The situation could worsen due to the ongoing festive and wedding season. Markets are crowded and people are hardly following social distancing norms in marriages.

Further, yesterday seven people including a 16-year-old girl lost their lives. The decision to open schools seems to be backfiring as hundreds of teachers and several students were found positive for COVID-19 during the past few days. There are speculations that the state government could decide on closing schools for some time in the Cabinet meeting to be held today.

Details regarding the causes of fatalities below:

Himachal Pradesh COVID-19 deaths in november 2020 f

On Monday, five doctors and nine staff nurses at the Shri Lal Bahadur Shastri Government Medical College and Hospital, Nerchowk in Mandi district, tested positive.

Yesterday, the state reported a record 711 confirmed cases with seven fatalities in a single day. Shimla district reported the highest 204 confirmed cases.

The COVID-19 death tally has now mounted to 378, while the total number of cases had reached 26197 till yesterday evening (till 9 pm).

HP Health Department COVID-19 Bulletin for November 9, 2020 (9 pm)

 

Himachal Pradesh covid-19 cases on november 10

Continue Reading

Trending