Supreme Court upholds Shimla Development Plan — ‘Vision 2041’, sets aside National Green Tribunal order

Tribune News Service

Satya Prakash

New Delhi, January 11

The Supreme Court on Thursday upheld Shimla Development Plan -‘Vision 2041’, saying there were sufficient safeguards to balance the need for development while taking care of and addressing the environmental and ecological concerns.

“…in our view, the development plan, which has been finalised after taking recourse to the statutory provisions and undergoing the rigors thereto, cannot be stalled in entirety thereby putting the entire developmental activities to a standstill,” the Bench said, setting aside orders of the National Green Tribunal (NGT).

The NGT had said by allowing and undertaking constructions in the ecologically fragile areas, the principle of Sustainable Development and Precautionary Principle along with the Public Trust doctrine had been violated, increasing the vulnerability of Shimla to man-made and natural disasters.

However, allowing the Himachal Pradesh Government’s appeals, the Bench – which also included Justice Aravind Kumar—quashed the NGT’s orders dated November 16, 2017; July 16, 2018; May 12, 2022; and October 14, 2022, saying it “transgressed its limitations and attempted to encroach upon the field reserved for the delegatee to enact a piece of delegated legislation.”

The top court said, “We are of the view that the continuation of the proceedings by the NGT during the pendency of the writ petitions before the High Court was not in conformity with the principles of judicial propriety. Needless to state that the High Court of Himachal Pradesh, insofar as its territorial jurisdiction is concerned, has supervisory jurisdiction over the NGT.”

The Bench said, “It cannot be ignored that the development plan has been finalised after various experts from various fields including those concerned with urban planning, environment etc., were taken on board. It also cannot be ignored that the development plan has been finalised after undergoing the rigorous process including that of inviting objections and suggestions at two stages, giving the hearing to such objectors… and after considering the same.”

Noting that it has not considered the development plan in minute details, the Bench clarified that “We may, however, not be construed as giving our imprimatur to the said development plan.”

The Bench emphasised the need to have a balance between the requirement of development and preservation of ecology and environment. “It is thus clear that while ensuring the developmental activities so as to meet the demands of growing population, it is also necessary that the issues with regard to environmental and ecological protection are addressed too,” it said.

Notified on June 20, 2023 by the Himachal Pradesh Government, the draft Shimla Development Plan —“Vision 2041”, seeks to regulate construction activities in the state capital, including the number of floors, habitable attic and garage in a building. It allows construction in 17 green belts with certain restrictions, including in the core area where construction activities were banned by the NGT. Two floors with a habitable attic and parking in core areas and three stories with parking and a habitable attic in non-core areas would also be permissible.

The Himachal Pradesh Government had contended “that because of the peculiar climate of Shimla, the attic is necessary because the roof is required to be sloping in hilly terrain, to allow for run-off of rain and snow. It is further submitted that construction will only be permitted after a soil investigation report of the area and assessment of structural stability by an expert are made. The construction is required to be approved by a qualified architect or engineer”.

On the grievance of interveners—plot holders in the ‘Green Belt’ area—with regard to payment of compensation, it said the issue was beyond the scope of the present proceedings. “We, therefore, without specifying any opinion on such claim, relegate the interveners to avail the appropriate remedy available to them in law,” it noted.

“If any of the citizens has any grievance that any provision is detrimental to the environment or ecology, it is always open to raise a challenge to such an independent provision before the appropriate forum. Such a challenge can be considered in accordance with law,” the Bench said.

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#Environment #National Green Tribunal NGT #Shimla #Shimla Development Plan #Supreme Court