To the plight of environmentalists and activists the state government decided to challenge the order in the Supreme court. Though the same was being announced by leaders in public before and after elections, but became official when in reply to a question asked by MLA Anirudh Singh and MLA Vikramditya Singh the state government affirmed it. The state government in its reply informed the house that they are going to the apex court for re consideration of the NGT orders.
A 4 judge bench of The Nation Green tribunal had passed the judgement in November 2017, whereby they had banned the state state government from implementing its regularization policy. The order had also ordered complete ban on construction in Shimla core area.
The tribunal in its order had stated “ We hold and declare that the facts and circumstances of the present case, as afore-recorded, clearly demonstrate failure on the part of the State Government, its instrumentalities and local authorities to discharge their constitutional obligations under Article 48A, statutory duties under the Environment (Protection) Act, 1986, under the TCP Act and Municipal byelaws. It is this failure that has exposed the Shimla Planning Area to such vulnerability to natural and man-made disasters. In the event, if such unplanned and indiscriminate development is permitted there will be irreparable loss and damage to the environment, ecology and natural resources on the one hand and inevitable disaster on the other.Beyond the Core, Green/Forest area and the areas falling under the authorities of the Shimla Planning Area, the construction may be permitted strictly in accordance with the provisions of the TCP Act, Development Plan and the Municipal laws in force. Even in these areas, construction will not be permitted beyond two storeys plus attic floor.
There shall be no regularization of unauthorised constructions within the Core area and Green/Forest areas which have been raised without obtaining any prior permission/sanction of plans in entirety.We direct the State Government and/or its instrumentalities and more, particularly, the Town and Country Planning Department to finalize the Development Plan within three months from the date of pronouncement of this judgement without default. The Development Plan so finalized shall be notified in accordance with law.”
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