Tough NGT ruling to Shimla’s rescue

Pratibha Chauhan

Tribune News Service

Shimla, November 16

The over three-and-a-half-year legal battle, fought by environmentalist Yogindera Mohan Sengupta before the National Green Tribunal (NGT), could save the erstwhile summer capital of the British from further deterioration even though the town is already a concrete jungle.

The pace of haphazard construction even in the sliding and high-risk areas of the town and its suburbs has led to the deplorable living conditions. The city, once set up by the British for a few thousands, today sustains a population of 2.50 lakh, besides the floating tourist population. The town is plagued with water shortage, acute parking problem and traffic congestion as its resources have been stretched to the limit.

Citizens have welcomed the order. “It is an excellent order which will take the pressure off the core area, which is primarily the Old Shimla,” said BS Malhan, an environmentalist closely associated withe INTACH. He says the order will ensure that the existing laws are implemented but it will be desirable if the NGT looks at the entire area within 10-km radius of the town.

“The reports on record suggest that there is a dire need for strictly regulating and enforcing the development laws, particularly in relation to construction, to the extent that in most of the areas, construction activity needs to be stopped,” the 165-page order reads. The order was given by Chairman of the NGT Justice Swatantar Kumar and four other members. The NGT had ordered eight-member expert committee to assess the carrying capacity of Shimla on the basis of which the order has been given.

While the ban on new constructions in 17 green belts was imposed on December 7, 2000, the constructions in the core area continued. The order has enforced a ban on all residential, commercial as well as institutional constructions in the core, green belts and forest area. The core area, which extends from Victory Tunnel to Victory Tunnel via Sanjauli and Chhota Shimla, up to Summer Hill Post Office covers almost 70 per cent of Old Shimla.

Taking cognizance of traffic congestion, the NGT has directed that the high-powered expert committee will advise the state for regulating traffic on all roads, declaring prohibited zones for vehicular traffic, controlling pollution and for the management of Municipal Solid Waste in the Shimla Planning Area.

The NGT order has taken into account the fact that many parts of Himachal fall in Seismic Zone V and IV and highly vulnerable to natural disasters. The order makes mention of landslides and loss of life and property in Kinnuar, Kullu and other parts.

The NGT has also directed that the Registrar or any other authority vested with the responsibility of registering documents of transfer or division of land will not do so except with the prior NOC from the Town and Country Planning Department, in accordance with the provisions of the law.

“The Departments of Science and Technology, Town and Country Planning, Urban Development, Forest, Revenue, the Municipal Corporation and Registrar for documents will depute their senior officers within three weeks from today, who will prepare a Memorandum of Practice which will be followed by all departments in regard to cutting of hills, any activity in the forest areas, division and transfer of land and development activity in the Shimla Planning Area,” the order reads.

The order specifies that there should be no institutional construction in the core area and the institutions, which requires a further demand for space or facilities, should be shifted to other district or to the areas falling under the jurisdiction of SADA. The NGT has directed that an action plan be prepared for providing appropriate infrastructure, water and sewerage facilities, roads, greenery, other public amenities and retrofitting of existing structures (especially public utilities), particularly with the earthquake-resistance structures in the areas which have been indiscriminately developed and lack such facilities like 150 Sanjauli and other congested areas of Shimla, including Lower Bazaar, etc.

 Relief for core area

• The order has enforced a ban on constructions in the core and forest area. The core area covers almost 70 per cent of Old Shimla 
• The NGT has directed that the expert committee will advise the state for regulating traffic
• The NGT has directed that an action plan be prepared for providing appropriate infrastructure, water and sewerage facilities, roads, greenery, other public amenities