The court questioned the Municipal Corporation’s claim that the average depth of hill cutting was around seven metres when the original permission had allowed excavation of only three metres.
The Himachal Pradesh High Court has ordered a fresh inspection into alleged large-scale hill cutting and environmental damage near the Annandale-Kaithu road in Shimla, saying it was “not convinced” by the Municipal Corporation Shimla’s report on the extent of excavation carried out at the site.
Hearing a suo motu public interest litigation on Friday, a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi expressed dissatisfaction with the civic body’s findings regarding the excavation and removal of green cover in the ecologically sensitive area adjoining forest land above Annandale.
“We are not convinced with the report that the depth is only seven metres on average. Resultantly, we direct respondent No. 6, Municipal Corporation Shimla, to prepare a fresh report regarding the actual depth of digging, especially when photographs have also been placed on record,” the bench observed.
The court also rejected the explanation given by authorities that no machinery was present during the inspection conducted on May 18. It remarked that affidavits filed before the court did not present the correct picture and indicated an apparent failure on the part of authorities to patrol the area or supervise the construction activities.
The matter will now be heard on May 29.
During the hearing, the High Court took note of excavation work allegedly being carried out using heavy machinery, including JCB machines, close to forest land. Referring to an affidavit filed by the Divisional Forest Officer (DFO), Shimla, the bench noted that the roots of at least three deodar trees had been exposed due to the digging, making them vulnerable ahead of the monsoon.
The affidavit further warned that one Class-III deodar tree was endangered and could collapse during heavy rains if immediate protective measures were not taken.
According to the inspection report dated May 18, excavation was being carried out on the front hillside portion within the applicant’s land and the excavated area had been covered with tarpaulin sheets. The report also stated that four trees were located within the plot boundary while the forest boundary lay immediately behind the site.
The Forest Department has reportedly booked offences under Sections 339 and 352 of the Himachal Pradesh Municipal Corporation Act, 1994, for alleged environmental violations and damage to trees.
The court also observed that construction permission granted on March 15, 2025, had allowed only limited excavation towards the hillside and valley side. However, photographs and reports placed before the court suggested far more extensive digging and hill cutting than permitted.
Appearing on behalf of General Power of Attorney holder Randhir Bhimta, advocate Sameer Thakur sought permission to construct a retaining wall to protect the endangered trees. The bench, however, said the request would be considered only after the fresh inspection report is submitted.
Earlier, while taking suo motu cognisance of the issue on May 18, the High Court had observed that there appeared to be large-scale cutting and removal of greenery in the area, with heavy machinery deployed for excavation work near forest land.
The court had directed officials of the Town and Country Planning Department, the Municipal Corporation and the Forest Department to jointly inspect the site and verify whether all necessary permissions had been obtained for excavation and construction activities on the concerned khasra numbers. It had also ordered that no further deployment of machinery be allowed at the site until further orders.
