COMs approves final draft of Shimla development plan
Shimla, June 19
The Council of Ministers (COMs) of Himachal Pradesh has approved the final draft of the Shimla Development Plan, which includes new provisions regarding the number of floors, habitable attic, and garage. The Ministry of Urban Development presented the draft plan to the cabinet, and it was approved by the COMs.
Industry Minister HarshVardhan Chauhan briefed the media about the COMs meeting, stating that the presentation by the Ministry of Urban Development specified the regulations regarding the number of floors, provisions for attics and garages, which may vary in different areas.
It is important to note that the Urban Development and Town and Country Planning departments received 116 objections and suggestions on the Shimla Draft Plan, which was initially issued by the former BJP government in March 2022, just before the Assembly Election. However, the draft plan was challenged in the Himachal Pradesh High Court and the National Green Tribunal, both of which declared it illegal.
Also read:Shimla development plan 2041 illegal and cannot be given effect: NGT
The state government then appealed the High Court and NGT’s decision in the Supreme Court, which allowed the state government to publish the Draft Development Plan for Shimla town after considering the objections. The Supreme Court granted one month’s time to the state of Himachal Pradesh to publish the final draft plan for Shimla town, and during this period, the plan would not be implemented until the matter is finally heard in court.
Also read: Supreme Court defers hearing on Shimla Development Plan, gives Himachal a month to publish draft after considering objections
On May 3, 2023, a division bench of Justice B.R. Gavai, Justice Vikram Nath, and Justice Sanjay Karol stated that the government could publish the Shimla Development Plan. The Supreme Court will further review the plan on July 12, and the state has been given one month to consider objections and submit the final published draft of the Development Plan.
The Supreme Court has allowed aggrieved parties to challenge the Development Plan before the High Court under Article 226 for redressal of their grievances.
Following the approval by the COMs, the government will publish the draft of the new Shimla Development Plan. No permissions for new construction will be granted under this plan for the next month, starting from the Gazette notification.
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