Dispute over Shimla development plan continues, Supreme court hearing defer to Friday
Shimla, Dec 12
Supreme court of India on Tuesday heard the argument on the petition of State of Himachal Pradesh with regard to implementation of Shimla Development Plan-2041 and directed the respondents Yogender Mohan Sengupta to file a rejoinder till Friday citing authority to move before the NGT in the matter.
The case was fixed for hearing before the Divisional Bench of Justice BR Gavai and Justice Arvind Kumar for adjudication of the matter. State Government moved in SC in 2019 challenging the NGT order passed in November 2017 and other similar petitions related to Shimla Developments Plan pending in the High courts and set aside by the NGT.
Appearing for state advocate general Anoop Rattan stated that the State government have followed the directions of NGT before preparing the SDP and duly addressed each aspect raised by the NGT in the 2017 verdict. He said that before notifying the SDP various stakeholders including local people, Inorganization’s and number of experts committees have been consulted. Only 97 objections were filed which was duly heard and replied by the state.
He said that while hearing the application respondent NGT did not consider the fact that Shimla town was raised more than 100 years ago and the people are living in the town could not be deprived of their rights. He said number of buildings are allowed in the town for public interest after seeking the precision of expert committee constituted by the NGT.
He said that all those buildings which are multi-story on the Mall road and other places are built more than hundred years ago could not be replaced by the two and half story as it is not feasible to allow such construction. “ If thatis done then Mall road will not remain the same as we view is today,” he submitted. He said that many building in the Mall Road, Middle and lower bazar require reconstruction on the oldlines and people are living in the depilated structures of which many are wooden. He said that in the NGT has also mentioned in its judgement about such depilated strictures.
The state contended that in the those plots in the green belts having no tree from Ramchandra Chownk to Richemount and Jakhu and from IGMC to Lakkar Bazar should be allowed to construct the one floor plus parking or attic. He said that the number of people have submitted theirs maps for the approval in green areas and state is not in position pay compensation of the plots for such plot owners who are seeking permission and had bought plots many years ago. He said that government should be allowed to permit such construction strictly by followings the restrictions as it was imposed by the NGT.
He said that there are 47 areas apart from the core or green areas which are also covered under SDP and are also affected by the NGT order . The state prayed for the implementation of Shimla Development Plan as submitted to the SC. He said that state couldn’t not consider and allowthose construction in which people are seeking clearance to renovate and reconstruct unsafe and depilated buildings and people are still being permitted to live in such unsafe structure and number of cases are pending before the state.
Adding the counsel for Simla MC and State government contended that power of NGT is confined to seven acts. The NGT should not interfere with the planning of the state. There are several judgments which emphasized that NGT would not interfere with the state planning.
He said that there are several orders of NGT which shows that NGT interference with the power of the state. He said that NGT increase the scope of its jurisdiction Suo moto. The tribunal shall have jurisdiction but no such questions which are beyond the scope of seven acts are to be dealt by the Tribunal. He said that TCP act is not under the NGT ambit. Adding that whatever NGT has done beyond the seven acts should be within the purview of court only.
The counsel for the respondent Yoginder Mohan Sen Advocate Sanjay Parik said that Shimla Development Plan notified by the state Government is not in consonance of National Green Tribunal Order. The Respondent seeks to appoint another independent expert committee in wake of recent deaths caused by the landslides and rain in the Shimla. Respondent demanded that those building which are raised on the steep hills up to 70 degree of angle are causing devastation every year in the rainy season. He said that before allowing any projects the court should emphasize that an environmental impact assessment should be made compulsory to the town.
The advocate for former deputy mayor Tikender Singh Panwar Sr Counsel Surinder Nath supported the Shimla Development Plan however the SDP should be based upon the Geological study which is absent in the current one. He said that safety premises should be looked before allowing SDP and sustainable material should be used for allowing construction in vulnerable areas to save the lives of people. He said that topographical zoning being missing in the plan and there should be proper categorization of zones to divide it for the industrial, commercial and non-residential use.
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