Old photo. Used for indicative purpose only
Read the detailed order: SC set aside 2017 NGT judgement banning construction in Shimla town
Shimla, Jan 11
The Supreme Court of India today set aside the 2017 National Green tribunal Judgement banning construction activities in Shimla Planning Area and two subsequent orders restraining implementation of Shimla Development Plan.
The Division bench of SC comprising Justice B R Gavai , Justice P K Mishra and Sandeep Mehta passed this judgement in which they set aside the November 2017 directives of National Green Tribunal which had imposed complete ban on the construction activities in the heritage and core areas of Shimla and allowed two and half story construction in the others parts of SPA. The judgement however was written by Justice BR Gavai and Justice Arvind Kumar.
In the order the court stated,
” The orders of the NGT dated 16th November 2017 in Original Application No. 121 of 2014, dated 16th July 2018 in Review Application No. 8 of 2018, dated 12th May 2022 and 14th October 2022 in Original Application No. 297 of 2022 are quashed and set aside,” directed the apex court.Adding,” The appellant-State of Himachal Pradesh and its instrumentalities are permitted to proceed with the implementation of the development plan as published on 20th June 2023 subject to what has been observed by us hereinabove.”
According to Law Officer of Town and country Planning Mayank Manta the SC allowed all the prayers and Grounds of state government, which had filed this special leave petition before the SC in 2018-19 challenging jurisdiction of green tribunal to intervene in the construction activities and had cancelled the Shimla Development Plan which was prepared by the previous BJP rule and notified and published by the Congress rule with the permission of SC in March 2023 .
The NGT verdict came in November 2017 based on the complainant of Yogender Mohan Sen Gupta imposing blanket ban on the construction activities in Shimla Planning area. Only two and half story buildings were allowed in Shimla in the past seven years.
SC heard the argument of the petitioner state and complainant Yogender Mohan Sen Gupta and others parties on December 12 had reserved the judgement for post X-mass and New year vacations. This verdict would allow the State Government and Town and country Planning to implement the Shimla Development Plan a new blue print for construction activities in the SPA.
During the course of arguments the State Government stated that most of complainants belonged to out side the state and NGT has exceeded its jurisdiction by entering in the domain of TCP as under the act, TCP is authority which would fixes norms for the construction activities. They had plead that NGT should have remained confined with in seven acts, it governs, wherein Shimla Development plan was not in its ambit.
On this pleading the apex court in page 15, para 13, stated,” It is further submitted on behalf of the appellants that the exercise of power for finalisng the development plan is a quasi-legislative power and the NGT could not have issued directions to exercise that power in a particular manner. It is submitted that the said would amount to encroachment upon the statutory functions of the State which are entrusted to it by virtue of the TCP Act,” they added.
According to the law officer the Three judge bench of SC have allowed all the prayers of government and set aside the NGT order which was passed as decree on the a complaint filed about allowing the construction activities in Shimla Green areas by the TCP and Shimla Municipal corporation Shimla.
Read the detailed judgement:
[googlepdf url=”http://himachalscape.com/wp-content/uploads/2024/01/4763_2019_3_1501_49504_Judgement_11-Jan-2024_compressed.pdf” width=”700″ height=”800″]
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