Himachal Pradesh directed to Issue Shimla final development plan, by Supreme Court
Shimla, May 9
The Supreme Court of India has issued an order directing the State of Himachal Pradesh to consider objections to the draft development plan and issue a final development plan within six weeks.
Posting three page order on Monday in SC website the division bench of Justice B. R Gavai, Justice Vikram Nath and Justice Sanjay Karol allowed the state of Himachal Pradesh to published the Shimla Development Draft Plan after considering the objections of the parties. The order said that after hearing the counsel of state the Court made the this order.
The court was informed that the final plan could not be published due to directions issued by the National Green Tribunal (NGT), and that 97 objections had been received to the draft plan.
Also read: Supreme Court defers hearing on Shimla Development Plan, gives Himachal a month to publish draft after considering objections
The court clarified that the final plan would not be given effect to for one month after its publication and that no construction should be permitted based on the draft plan.
”In light of the facts and circumstances of these cases, we find that it would be appropriate, that The State Government decides the objections received to the draft development plan and after considering the same issue a final development plan.” the bench observed while considering the plea of one of the respondent.
The court further granted liberty to applicants to bring unauthorized constructions to the attention of the Court using Article 226 of the Constitution of India.
The court also ordered that any petitions regarding unauthorized constructions be decided with due urgency. The matters have been listed for further hearing on 12.07.2023.This order comes as a relief to the petitioners who had been seeking clarity on the status of the development plan and the legality of unauthorized constructions. It remains to be seen how the State of Himachal Pradesh will consider the objections and issue a final plan within the stipulated time frame.
State government moved before the SC to seek to quash NGT order to ban, construction stating that it could not fall under the domain of NGT to allow or ban construction as per the Development Plan moreover it has promoted people who violate the construction bye laws in lack of any mechanism. It is worthwhile to mention that a large number of multistory buildings were built up by the state government as NGT allowed such construction in the public interest.