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BJP Govt in Himachal faces criticism due to misunderstanding over a clarification

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Non-Himachali govt employees can buy land in Himachal

Shimla: Recently, after a clarification was issued by the Himachal Pradesh Revenue Department to the Deputy Commissioner of Kangra district regarding Section 38-A of Section 118 of the HP Tenancy & Land Reforms Act stirred a controversy. The clarification said children of non-Himachali employees of the State government can also buy upto 500 square metres of land in the State for building a house.

The ruling government led by the Chief Minister Jai Ram Thakur faced severe criticism with allegations of ‘selling land to non-Himachali people for a non-agricultural purpose’. The same clarification was issued earlier in July too, but that did not catch the attention of the media or the people.

It was repeated in August and this time it did rounds of social media. The Chief Minister yielded to the mounting criticism and withdrew clarification issued.

However, the original provision was actually introduced by the previous government through an amendment. The current government was just extending this provision to other family members of the eligible employees. However, only one member of the family was allowed to apply under Section 118 of the said Act.  Moreover, there was no exemption from the Section 118. The candidates were still required to apply under the Act to obtain permission.  

In July 2014, the then ruling government led by Chief Minister Virbhadra Singh had embedded provisions in Rule 38- A of Section 118 of the said Act through an amendment. It was called the ‘Himachal Pradesh Tenancy and Land Reforms (Amendment) Rules, 2014’. The amendment was mostly related making it easier for non-Himachali for setting up industrial units in the state.

The amended Act in its sub-section 3 of the Rule 38-A along with other points said,

“A person working in the state for more than 30 years recommended by the concerned local body ( DC) for grant of permission” can buy a land upto 500 square metres for constructing a residential building.

Read A Notification of the Revenue Department Issued in Sept 2014:

Similarly, a person who fulfils the above-mentioned eligibility can also purchase land up to 300 square metres for construction of a shop.

The previous Congress government and several petitioners had been reaching the court time to time terming the provision to ban non-agriculturists and non-Himachali’s from buying land in the State as a violation of the “Articles 14, 15, 19 (e) and (g) of the Constitution. Section 19 (e) of the constitution says that an Indian citizen has the constitutional right to reside anywhere in the country as per his wish.

In June 2016, the Chief of HP Congress, Sukhwinder Sukku, had also supported the need to amend the Act on similar grounds.

The petitioners argued that this rule is also creating hindrances in developmental activities in the State. It was claimed that even non-agriculturist Himachali people were also barred from buying land for any purpose other than agriculture which was unfair.  

The Act was amended multiple times since its adoption and the current government is also in favour of making amendments in the Act to relax conditions for acquiring land in the State. The government believes the dilution of this Section would make it easier to invite more investments, thus, help in the growth of the economy.

Moreover, acting on these petitions, in September 2016, the Himachal Pradesh High Court had even directed the state government to make suitable amendments in rules to facilitate the purchase of land, both agriculture and non-agriculture, by non- agriculturist Himachalis.

This court deems it fit and proper to direct the state government to make suitable amendments to Section 118 of the HP Tenancy and Land Reforms Act, 1972 read with HP Tenancy and Land Reforms Rules, 1975 in order to facilitate to purchase any land (agricultural and non-agricultural) in the state by non-agriculturist Himachalis residing in the state for decades, prior to the date of commencement of the HP Tenancy and Land Reforms Act, 1972, within a period of 90 days from today,

a division bench of justices Rajiv Sharma and Sureshwar Thakur said.

At the same time, the people of the State and social organizations have always been against any dilution of Section 118 of the Act, which was passed in 1972 to check to sell of agricultural land to wealthy non-Himachalis by the poorer agrarian community. The government feared the trend would lead the native farmers landless and the economy of the state would also be affected as the majority of the population was dependent on agriculture and horticulture for livelihood.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

Misc News/Press Release

Will deliver Rs. 1351 crore Bilaspur AIIMS in 2 years: CM Jairam

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Bilaspur AIIMS Construction Progress

 Bilaspur-Chief Minister Jai Ram Thakur and Union Health Minister Jagat Prakash Nadda performed the ground-breaking ceremony (Bhoomi Pujan) of AIIMS at Kothipura in Bilaspur district today.

Jai Ram Thakur said that this Rs. 1351 crore AIIMS would be completed within a period of two years and would have a bed capacity of 750 beds, out of which 300 beds would be for super speciality. There would be 100 MBBS seats and 60 nursing seats in the institute.

He blamed the previous State Government of causing an unnecessary delay in transferring the land for this institution.

Union Health Minister Jagat Prakash Nadda said that the institute would have Affordable Medicine and Reliable Implants for Treatment (AMRIT) outlets and Jan Aushadhi Kendra where medicine would be provided at highly discounted rates to the poor and needy.

He informed that the project would be executed by NBCC Ltd. and would have 15 operation theatres and 20 speciality and super speciality departments.  In addition, it would also have an AYUSH Department with 30 beds for providing treatment facilities in the traditional system of medicine.

Further, the Chief Minister announced shifting of PWD Division Number-II from Bilaspur to Kothipura, besides shifting Division Number -II of Shri Naina Devi Ji.

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Campus Watch

Nauni Varsity Admissions Open for Diploma in Fruit, Vegetable Processing & Bakery products

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Nauni varsity admissions for diploma

Solan-The Dr YS Parmar University of Horticulture and Forestry, Nauni has invited applications for its one-year Diploma in Fruit and Vegetable Processing and Bakery products. The diploma will be run by the Department of Food Science and Technology of the university.

This year, the university has also reduced the fee charged for the diploma to Rs 5000. Earlier, the fee for this diploma was Rs 20,000. The decision was taken to ensure that more and more people can apply for the programme.

In addition, the programme has also been linked to the Skill Development Allowance scheme of the Government of Himachal Pradesh. Any person enrolled in the programme can also apply for this allowance.

The minimum educational qualification for this diploma programme is Class 10+2 with at least 40 per cent with no age cap for admission. The last date of application is 17 January 2019 and the counselling will be held on 19 January.

A total of 35 seats are available in the programme. Prospectus and application form can be downloaded from the university website(www.yspuniversity.ac.in).

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Misc News/Press Release

234 Ambulance Roads in Shimla City Declared ‘No Parking Zones’, Parking woes to Intensify

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List of ambulance roads in Shimla City declared no parking zones

Shimla- The parking woes have intensified in Shimla City as the District Magistrate of Shimla, Amit Kashyap, issued an official notification on December 19, 2018, in which 234 ambulance roads in Shimla city were declared as “No Parking Zones.

As per the notification, based on the report received from the Superintendent of Police, Shimla, it was found that the residents, as well as outsiders, had turned link roads into unauthorized parking spaces, which results into huge traffic jam and inconvenience to the smooth passage of ambulances carrying patients along with the general the public.

Therefore, the District Magistrate declared all the following 234 ambulance roads as “No Parking Zones”:


He said the decision was taken keeping in view the necessity of smooth flow of traffic and passage to ambulances on ambulance roads in Shimla City.

As per the notification, the matter was highlighted as the local residents of the Middle Cemetery, upper Gahan, Bhatttakufar, Dhingu Bawari, Frud, Lower Gahan, and Nerridhar had requested to declare the ambulance roads leading from Dhigu Bawari to Lower Gahan and From PWD Workshop Bhattakuffer to Jai Moti Bhawan (Cemetary) as “No Parking Zone” as some of the people park their vehicles on these roads resulting in traffic jams and obstruct ambulances.

While the government has a policy to allow buying vehicles only if an applicant could provide evidence of having a parking space, there are a large number of cars which were either bought before the formation of this policy or are registered in other districts of the State.

A section of vehicle owners have expressed unrest against this decision and argued that it was not fair, as the government did not provide sufficient authorized parking spaces in localities.

Having a personal parking space doesn’t matter as soon as an individual drives to other parts of the city. Sufficient parking spaces based on the required capacity of a particular Ward or locality are needed to fix this problem, and it is apparently the government’s job

said a resident of Khalini, Shimla.

On the other hand, the majority of the general public has supported the decision expecting that it would make these roads more convenient and smoother for traffic.

However, the district police is likely to face a lot of resistance from local residents while ensuring compliance with the orders passed.

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