05-08-2025
Shri Tara Devi Hill green belt: at the centre of SC warning about environmental destruction in Himachal, legal tussle
The Shri Tara Devi Hill in Shimla, recently brought under environmental protection, was at the centre of the Supreme Court's July 28 order in which it expressed apprehension that 'the day is not far when the entire state of Himachal Pradesh may vanish in thin air from the map of the country'.
While local residents welcome the conservation efforts —the Himachal Pradesh government on June 6 declared the Shri Tara Devi Hill a green area—they also rue the fact that they cannot undertake any development activities on their land.
The Himacal government's notification encompasses hundreds of acres of dense forest, which has deodar, chir pine, and baan (oak) species, and is home to a small section of the UNESCO-protected Kalka-Shimla heritage railway line as well as the shrine of Tara Devi, perched atop the hill. The Tara Devi Hill area, which falls under the jurisdiction of two gram panchayats Badai and Anandpur, was the 26th notified green belt in the Shimla district.
The notification stated that no new private construction should be allowed except reconstruction or addition and alteration in an existing building with prior approval of the state government. The construction activities pertaining to the Shri Tara Mata complex, if any, should be carried out by the temple trust with prior approval of the state government.
'Except for the temple premises on the hilltop, most of the green area, including the dense deodar, chir pine and baan forest, falls under the Badai gram panchayat. The forest area is full of wild animals, including leopards. The division between the two panchayats is clearly demarcated in the revenue records,' said Raman Thakur, a member of the Anandpur gram panchayat.
Arun Sharma, the pradhan of the Badai gram panchayat, said nearly 90 per cent of the Shri Tara Devi Hill green area lies within their jurisdiction. 'A small hamlet called Duggal Cottage, comprising over two dozen houses, has come under the new green area notification. Apart from this, there are about half a dozen scattered residential structures and several small privately owned plots,' he said.
'While we appreciate the state government's move to safeguard the environment, locals owning land in these areas now face serious restrictions. They can barely undertake any development activity even on their own land,' Sharma said.
As per the government notification, the boundary of the green area begins at Shoghi on National Highway 5 (Kalka-Shimla highway), near the building of Rajender, which is adjacent to the Food Plaza and Tyre Retreat. From there, the boundary extends straight uphill to the Shoghi-Mehli Road, excluding any existing buildings and their premises.
Next, it follows the Shoghi-Mehli Road toward Mehli, continuing up to the railway over-bridge. It then follows the Kalka-Shimla railway track from this overbridge to the entry point of tunnel No. 91. A straight line is then drawn from the entry point of tunnel No. 91 to the junction of NH-5 and the Totu/airport bypass road, crossing the hill between the railway line and NH-5.
Finally, the boundary follows NH-5 back towards Shoghi, returning to the starting point near the building of Rajender, adjacent to the Food Plaza and Tyre Retreat.
Supreme Court refuses to interfere with high court order
The Supreme Court's remarks came while hearing a plea filed by a resort group, Pristine Hotels and Resorts, which first challenged the green area notification in the Himachal Pradesh High Court.
On July 2, the high court division bench of Justices Tarlok Singh Chauhan and Sushil Kukreja dismissed the petition stating that the the petitioner did not have locus standi because it had not acquired any interest within the state of Himachal Pradesh, and its rights were not affected or governed by the provisions of the Town and Country Planning Act, or the notification dated June 6. The high court noted that the petitioner was not a 'person aggrieved'.
When the resort group approached the Supreme Court, it refused to interfere with the high court's decision and said, 'A plain reading of the notification indicates that the area has been declared a green area. Once such a declaration is made, construction is restricted. The petitioner appears to want to build a resort, but the notification stands in the way.'
Meanwhile, Himachal Pradesh Advocate General Anup Kumar Rattan said, 'In a way, the apex court has acknowledged our commitment to preserving Shimla's environment. We took a clear and consistent stand — first in the high court and then in the Supreme Court — and the court accepted our position. The petitioner, a resort and hotel group, wants to build a commercial complex in the area. Indeed, the apex court expressed concerns over many issues in its July 28 order. We will submit our reply before the court.'
Divisional Forest Officer (DFO) Munish Rampal, who oversees the Tara Devi Hill green area, said new construction is strictly prohibited. 'Only reconstruction or limited alterations to existing structures are allowed, and that too with prior state government approval,' he said.
He further said this is not the first such green zone in Shimla. 'There are 25 other green belts in the city, including Nabha, Tutikandi, Khalini, and Phagli-Lalpani, which are governed by similar restrictions.'
