Hearing on Himachal plea against NGT deferred

Legal Correspondent

Shimla, February 22

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

During the course of hearing on the request of the all the parties, a division bench comprising Justice Sabina and Justice Satyen Vaidya listed the matter for further hearing on March 14.

The case

Advertisement

The state government has challenged the National Green Tribunal order, whereby it had rejected the state’s plea for nod to construct lift and ramp for physically challenged in Ellerslie Main Building, visitors’ waiting hall at the CM’s office and extension of car parking and multi-storied parking and office in the Secretariat complex.

It was contended in the petition that the order passed by the NGT on September 13, 2021 rejecting the application of the state for seeking permission to construct the public importance project is violative of various judgments passed by the Supreme Court and sought quashing of the order passed by the NGT.

It was further contended in the petition that the NGT had exceeded its jurisdiction while passing the aforesaid order. It was further contended that the NGT does not have the jurisdiction to pass orders in the matters which do not fall within the purview of the forest, water and environment related enactments. It was also mentioned in the petition that the NGT in its order passed on October, 8, 2021 has also turned down the Himachal High Court’s request to allow reconstruction of its old building.