SC to examine Shimla Development Plan
New Delhi, July 29
The Supreme Court has emphasised the need for maintaining a balance between development and environment. It has said that it will examine the Shimla Development Plan (SDP) on August 11.
NGT prohibited construction
In November 2017, the NGT had prohibited construction of any kind, i.e. residential, institutional henceforth in any part of the core and green/forest area as defined in various notifications issued under the Interim Development Plan as well as by the state government.
The Himachal Pradesh government had notified the draft SDP last month to regulate construction activities in the state capital, including the number of floors, habitable attics and garage in a building.
Named “Vision 2041”, the SDP allows construction in 17 green belts with some restrictions, including in the core area where the National Green Tribunal (NGT) had banned construction activity. Two floors with a habitable attic and a parking in the core area and three stories with a parking and a habitable attic in non-core areas would also be permissible.
An area of 22,450 hectares was taken into account for the revision and formulation of the development plan that includes the Municipal Corporation of Shimla, the Special Area Development authorities of Kufri and Shoghi and the Ghanahatti Special Area and the Additional Shimla Planning Area and additional villages.
Earlier, the NGT had stayed the SDP approved by the previous BJP government in February 2022, terming it illegal and in conflict with earlier orders passed in 2017 to regulate haphazard construction.
The matter came up for hearing on Friday before a Bench led by Justice BR Gavai which deferred it to August 11 after senior counsel Sanjay Parikh, representing the respondents, sought time to respond to the state government’s plea.
The top court was hearing a petition arising out of a November 2017 order of the NGT that had prohibited construction of any kind, i.e. residential, institutional henceforth in any part of the core and green/forest area as defined in various notifications issued under the Interim Development Plan as well as by the state government.
