SHIMLA, JULY 25: A controversy is brewing over the Shimla Municipal Corporation's ongoing survey of houses and commercial establishments after residents and several elected representatives questioned the legal basis of the exercise, alleging that homeowners are being subjected to inspections without being properly informed about the Supreme Court proceedings or the purpose of the survey.
The issue is expected to dominate the next meeting of the Municipal Corporation House, with demands that the Commissioner place all facts before the elected body before filing any affidavit in the Supreme Court.
The controversy stems from the Supreme Court's proceedings in Loganathan vs State of Tamil Nadu, a case arising out of unauthorised construction under the Greater Chennai Corporation.
While hearing the matter, the apex court, on March 25, 2026, expressed serious concern over rampant violations of building bye-laws and conversion of residential areas into commercial use across the country.
It subsequently impleaded Municipal Corporations and Municipalities of all State and Union Territory capital cities and directed their Commissioners to conduct comprehensive surveys and file personally affirmed affidavits identifying residential areas allegedly being misused for commercial purposes.
The matter was thereafter listed for May 20, 2026 for further consideration. But nobody knows when the Commissioner would submit the affidavit and what he/ she would say in this.
However, residents in Shimla argue that the directions cannot be mechanically applied to a historic hill city whose planning pattern is fundamentally different from that of metropolitan cities.
Demand to Place Supreme Court Notice Before the House
Questions are now being raised whether the Shimla Municipal Commissioner has formally received notice from the Supreme Court and, if so, whether the contents of the notice and proposed affidavit have ever been placed before the Municipal Corporation House.
Councillors and residents contend that such an important legal matter cannot be dealt with solely at the administrative level.
"It is the elected House which represents the citizens. Before any affidavit is filed in the Supreme Court on behalf of Shimla Municipal Corporation, the Commissioner must place the matter before the House and obtain its views," several councillors have argued.
They also want the Mayor and Commissioner to brief the Urban Development Minister before any final stand is taken.
Shimla Is Not Chennai
Residents point out that the Supreme Court observations arose from cases involving conversion of designated residential colonies into commercial establishments in Chennai and other metropolitan cities.
They argue Shimla has historically evolved differently.
Since the British era, core areas such as Lower Bazaar, Middle Bazaar, Lakkar Bazaar, Chhota Shimla Bazaar, The Mall, Balu Ganj, Khalini and the newer area such as SDA Complex have always functioned as mixed-use localities where people both reside and run businesses.
"If these are officially designated commercial areas, then thousands of families living above or behind shops would technically become violators. If they are residential areas, then the shops themselves would become illegal. The issue is not as simple as it appears," residents said.
Even witing HIMUDA colonies the owners have used their flates for homestay or PGs etc. SMC has converted parks into residential plots and community centre into commercial establishments running food plazas etc on lease.
Similarly, newer localities like New Shimla, Sanjauli, Kasumpti, Bharari, Panthaghati, Kachi Ghati, Chhakkar, Summerhill, Mehli, Chamyana, Bhattakufar, Malyana, Shanan, Beulia, Nal Dehra, multistoried Skyscraper colonies and hotels, Mashobra- Sarog Belt, where top bureaucrats and VIPs live and run cottages for tourists and Dhalli and developed Kufri, Fagu , all contain neighbourhood markets, ration shops, pharmacies, vegetable vendors, small eateries and other daily-need establishments serving local residents.
Because Spreme Court Has directed to include developed and surrounding areas in the survey as well. Most of the Shimla’s VIPs have their properties in the developed areas in peripheries and must be included in the survey, the residents demand.
Citizens question whether such neighbourhood services can legally be termed "commercial misuse" of residential areas.
Government Offices Also Have Commercial Activities?
Residents have also questioned what constitutes "commercial activity."
"If a bank, canteen, post office or cooperative shop inside the Secretariat or government residential colonies is permissible because it serves employees, then how are ration shops, milk booths, chemists and small eateries serving residential neighbourhoods treated differently?" one resident asked.
There are owners who live in their own Shopping Malls, Diamond, Attithi, Gaindamal Hemraj - in New Shimla and Several others on The Mall and Sanjauli, core areas of the city? There are ex or serving ministers, MPs MLAs, and ex judges who have converted their houses into commercial cum residential properties? Are they being include in the survey by the Commissioner, residents ask.
They argue that essential neighbourhood services are integral to residential living and should not be equated with large-scale commercial exploitation.
Merged Areas Raise Additional Legal Questions
Another major concern relates to areas merged into the Shimla Municipal Corporation after 2007.
Residents argue that many of these localities developed during the 1990s when the Town and Country Planning organisation functioned differently and the present development framework did not exist.
They point out that the Shimla Development Plan became applicable to several merged areas only in 2018.
Consequently, they argue that land use classifications and planning regulations applicable today cannot automatically be applied retrospectively to constructions and settlements that pre-date those planning instruments.
Earlier NGT Proceedings
Residents have also recalled that the National Green Tribunal had earlier dealt with issues relating to building regulations and construction norms in Shimla, including disputes concerning the number of storeys in buildings.
They argue that the Municipal Corporation should clearly place those legal developments before the Supreme Court instead of submitting a general affidavit treating all areas alike.
Questions Over Survey Methodology
Meanwhile, residents have criticised the manner in which the ongoing survey is being conducted.
According to several residents, survey teams are collecting information from homeowners without adequately explaining that the exercise is linked to Supreme Court proceedings or clarifying how the information will be used.
Many say they are being asked questions regarding residential and commercial use without being informed about the legal implications.
Residents have demanded that the Municipal Corporation first issue a public clarification explaining the purpose of the survey, the relevant Supreme Court directions, the legal status of various categories of land use in Shimla and the rights of property owners.
Architect's Format Also Under Scrutiny
Another issue raised is the format reportedly prepared by planning consultants and architects for the survey.
Councillors contend that no such format was ever discussed or approved by the elected Municipal Corporation House.
They argue that if the Corporation itself has not officially determined the legal status of different neighbourhoods, the Commissioner cannot unilaterally decide classifications while filing an affidavit before the Supreme Court.
Call for Political Decision
Residents say the issue goes far beyond a routine municipal survey and has implications for thousands of property owners across the city.
They have urged the Urban Development Minister to intervene and ensure that the State Government formulates a considered legal response reflecting Shimla's unique historical, geographical and planning characteristics instead of adopting a uniform approach designed for metropolitan cities.
They maintain that before any affidavit is filed in the Supreme Court, the Municipal Commissioner should first place the entire matter before the Municipal Corporation House, disclose the notice received from the Court, explain the legal position of different areas of Shimla and seek the views of elected representatives.
Residents insist that any response filed on behalf of Shimla must recognise the city's century-old mixed-use urban character and distinguish genuine neighbourhood services from unauthorised commercial conversion of residential colonies, which was the principal concern raised by the Supreme Court in the Chennai case.
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