SC defers NGT verdict hearing till May 3
Shimla, April 20
On Wednesday, the Supreme Court deferred the hearing in the case of State of Himachal Pradesh versus Yogendra Mohan Sengupta & others until May 3, 2023. The State of Himachal Pradesh had filed a Civil Appeal in 2019 seeking to set aside the National Green Tribunal’s verdict passed in 2017, which was filed by Yogendra Mohan Sengupta. The case was listed for hearing before a division bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol.
During the hearing, counsel Raghav Goel made submissions before the bench for 15 minutes on behalf of respondent and architect Hitanshu Jistu. He argued that the Draft Development Plan should not be implemented until objections and suggestions have been fully considered, and reasons have been assigned for any modifications. He also argued that the state should first take action against unauthorized constructions before allowing further urbanization.
Also read NGT verdict saves Shimla for now
It is worth noting that Hitanshu Jistu has also challenged the TCP Amendment Act 2016 and Rules of 2019 before the Himachal Pradesh High Court, and is an impleader in the writ filed by the state before the Supreme Court seeking implementation of the Draft DP.
The NGT verdict stayed all new construction in the core and green areas of the Shimla Planning area, and new construction in other parts of the town is not allowed beyond two and a half floors without the prior permission or consent of a supervisory expert committee appointed by the NGT since November 2017.
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