Supreme Court okays Shimla plan, opens green belts for construction
Satya Prakash
New Delhi, January 11
The Supreme Court on Thursday upheld the 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.
Top court sets aside NGT order
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. — Bench
Not considered it in minute detail
Have not considered plan in minute detail… We can’t be construed as giving imprimatur to the development plan. — Bench
A Bench led by Justice BR Gavai allowed Himachal Pradesh and its instrumentalities “to proceed with the implementation of the plan as published on June 20, 2023” subject to the observations made by it in its judgment.
“In our view, the plan, which has been finalised after taking recourse to the statutory provisions and undergoing the rigours 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 concept of sustainable development, 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 HP Government’s appeals, the Bench, including Justice Aravind Kumar, quashed the NGT’s orders issued on 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 Himachal Pradesh High Court, 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.”
Noting that it had not considered the development plan in minute detail, the Bench clarified, “We may, however, not be construed as giving our imprimatur to the 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 HP 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.
On a petition filed by Yogendra Mohan Sengupta, the NGT had on November 16, 2017, flagged Shimla’s vulnerability to natural disasters.
The state government had approached the high court, but there was no stay on the NGT order. Sengupta had alleged that HP, instead of preparing a development plan by adhering to the NGT’s directions, prepared a draft development plan in contravention of the tribunal’s directions.
