Pachmarhi residents celebrate after Supreme Court lifts 25-year construction ban

Senior advocate Vivek Tankha, representing the Pachmarhi Cantonment Board, argued in the Supreme Court to raise the height of the building as well

As many as 1,200 families residing in Madhya Pradesh’s Pachmarhi cantonment and the Special Area Development Authority (SADA) welcomed the Supreme Court decision to lift a 25-year ban on construction and building height restrictions.

A local resident of Pachmarhi, Sanjay Pal said that they were living in dilapidated houses due to this ban. (MP Tourism website)

A bench headed by Chief Justice of India (CJI), BR Gavai and Justice K Vinod Chandran on Wednesday had granted permission for the residents to construct buildings up to four storeys (ground plus three floors) on their land and allowing development in the region.

Senior advocate Vivek Tankha, representing the Pachmarhi Cantonment Board, argued in the Supreme Court to raise the height of the building as well.

“The average plot size in Pachmarhi is 300 square feet, making systematic construction difficult. The court granted the permission and it would improve the economic prospects of locals,” Uttam Anand Sharma, an advocate who worked with Tankha in this case.

A local resident of Pachmarhi, Sanjay Pal said, “We were living in dilapidated houses due to this ban. More than 1,200 families were affected. The Supreme Court’s permission will change the lives of people from Pachmarhi.”

Panchmarhi’s Special Area Development Authority’s former chairman Kamal Dhoot, said, “The people of the hill station fought a long battle. Now people will be able to fulfill their dream of living in a pucca house.”

However, state wildlife activist Ajay Dubey said that the state government should keep a check on construction as Pachmarhi is the only hill station of the state.

“With its rare plant species in its hilly areas, the Pachmarhi Biosphere Reserve is spread across nearly 5,000 square kilometres. Like Uttarakhand, disaster may happen due to unplanned construction work”, he said.

The SC order follows the MP government’s decision on May 6 to exclude 395.95 hectares of land from Pachmarhi Sanctuary, which was originally notified under Section 18(1) of the Wild Life (Protection) Act, 1972 in 1977. The reclassification of this land under Nazul now permits legal transactions including purchase, sale, and development.

For decades, locals struggled to maintain or repair their homes due to a construction ban imposed by the Madhya Pradesh High Court in 2000. The sanctuary notification lacked clear demarcation, leading to confusion and restrictions on development.

In 2000, Madhya Pradesh High Court put a ban after a petition was filed against the construction of hotels and other buildings in Pachmarhi Wildlife Sanctuary.

The high court formed a six-member committee, which later recommended that the Nazul area under SADA and the army cantonment on the Pachmarhi plateau be excluded from the sanctuary boundaries.

In the interim order in 2004, the high court directed the exclusion of Cantonment and Civil/Nazul area of Pachmarhi Town and 33 revenue villages from the Pachmarhi Sanctuary. The Supreme Court accepted the recommendations of the CEC for excluding 395.939 Ha. land of 6 Civil/Nazul areas from the sanctuary.

The origins of modern Pachmarhi can be traced back to 1857, when Captain James Forsyth of the British Army of Madras Infantry and Subhedar Major Nathoo Ramji Powar noticed the plateau while en route to Jhansi.

Later, it was developed as a sanatorium for British troops in the Central province, and Powar was made Kotwal-in-charge of the armoury. Till the 90s, Pachmarhi also served as the summer capital for the Central province. Pachmarhi is a small community, and most of its land area is under the administration of the Pachmarhi Cantonment Board, which serves the Indian Army.