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Supreme Court defers hearing on Shimla Development Plan, gives Himachal a month to publish draft after considering objections

Shimla, May 3

The Supreme court of India gave a one month time to the state of Himachal to publish the Draft Development Plan for Shimla town after considering objections. However, the same shall not be given effect for one month till the matter is finally heard on the next date of hearing.

The matter was listed in the apex court on Wednesday, for hearing before the division bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol.

Also read: SC defers NGT verdict hearing till May 3
After hearing and submission made by a respondent and intervenor applicant  Hitanshu Jishtu the court deferred the hearing in the matter till 12th July, giving a one month time to the State to consider the objections and submit final published draft of the Development Plan (DP).

Supreme Court would thereafter examine the DP after publication and also left it open for all aggrieved to challenge and proceed before High court under article 226 for redressal of their grievance  and challenged the final draft plan.

Appearing for interpleader Architect Hitanshu Jistu’s advocate Raghav Goel plead that State government has already vide press note dated 27.04.2022, approved the of HP cabinet decisions of DP, despite there being notice regarding stay issued in CWPIL 23/2023  by High court on 12.04.2022.  It was also pressed by the counsel that in the same press release dated 27.04.2022 on official website it was categorically held that IDP stood ceased.

He submitted a copy of press note published on the State government website which states that DP was approved. He said that he also moved before Himachal Pradesh High court with the similar plea however HC issued stay of DP.

The counsel for respondent Yogendra Mohan Sengupta, advocate Rahul chaudhary stated that NGT has rejected the DP, terming it against its earlier order.

The respondent sought from the SC to stay the DP as it was being issued without considering their objections and which is against the TCP Act.

Meanwhile, appearing for the State of Himachal Pradesh Advocate General Anup Rattan said that the new construction was allowed by the government as per interim development Plan and the government is planning to publish the Draft Development Plan.

He said that Government’s petition is pending before this court to set aside the NGT order. He submitted that government is considering the objections of IDP and would publish draft plan within 15 days.

The  apex court did not stay the NGT judgement and would hear the matter, however, will not allow construction as per new development Plan and interim development Plan in Shimla MC till the next date of hearing when they would examine the matter.

Also read: Shimla development plan 2041 illegal and cannot be given effect: NGT
Aggrieved by the National Green Tribunal verdict,( passed in 2017 on an application filled by one Yogendra Mohan Sengupta), State of Himachal had filed a Civil Appeal in the SC in 2019 seeking to set aside the said verdict.


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