High Court dismisses state pleas against NGT orders

Legal Correspondent

Shimla, March 21

The High Court has dismissed a petition filed by the state government challenging the order of the National Green Tribunal (NGT). The NGT had rejected the application of the state for the permission to construct a lift and ramp for physically challenged persons in Ellerslie Main Building, a visitors waiting hall at the Chief Minister’s office, extension of car parking and multi-storied parking and office accommodation in the Secretariat complex.

A lift, ramp for physically challenged

• State’s application to construct a lift and ramp for physically challenged persons in Ellerslie Main Building, a visitors waiting hall at the CM’s office, and a multi-storied parking and office accommodation in the Secretariat complex.
• The other application dismissed by the NGT was for permission to construct a multi-level parking project and other commercial activities on railway land in Shimla.

The court has also dismissed one more petition of the government in which it had challenged the order of the NGT. In the order, the NGT had dismissed the application of the state for a direction to permit the project of multi-level parking and other commercial activities on the railway land in Shimla.

Dismissing both petitions last week, a division bench comprising Justice Sabina and Justice Satyen Vaidya observed that the application filed by Yogendra Mohan Sengupta was disposed of by the NGT on September 16, 2017, and the state had filed an appeal before the Supreme Court. The state moved some miscellaneous applications, seeking permission to raise constructions or other commercial activities.

The Bench observed, “The orders have arisen out of miscellaneous applications filed by the state before the NGT. Since the appeal against the final order of the NGT is pending consideration before the Supreme Court, we are of the opinion that the orders passed by the tribunal are liable to be challenged before the Supreme Court, so that they can be considered and decided along with the appeal, pending before the Supreme Court.”

The court observed, “It is not understandable as to why these petitions have been filed before this court, when the matter is already sub judice before the Supreme Court vis-à-vis order passed by NGT on September 16, 2017. ”