The Supreme Court
on Thursday set aside a 2017 order of the National Green Tribunal (NGT),
banning construction activities in the green and core areas of Shimla.
The NGT, in its
order, banned the construction of buildings taller than two and a half storeys
in the planning area.
However, an SC
division bench of Justices BR Gavai, PK Mishra and Sandeep Mehta set aside the
order on Thursday.
Speaking to
reporters, the advocate general, who appeared for the state government in the
apex court, welcomed the division bench ruling saying that it would lift all
impediments to the sustainable development of Shimla.
"The Shimla
Development Plan 2041 was formulated for sustainable development. This plan was
denounced by the National Green Tribunal (NGT) and the state government
challenged it in the Supreme Court. Today, the Supreme Court set aside the NGT
order while directing the state government to constitute a developed plan for
the city. The division bench ruled that the NGT has no right to direct the
state to formulate a plan as per their directions," Advocate General Anup
Kumar Rattan told reporters on Thursday.
"The apex
court ruled that NGT has no powers and previews to suggest and direct the state
government (in making a development plan). The state government has legislative
powers, which it delagates to the Town and Country Planning Department. The
ruling has come as a relief for the people of Shimla. If the NGT order was
implemented, the lower and middle bazaars would all have been razed. Now, the
Supreme Court has given its nod of approval to the Shimla development plan. The
authorities concerned would draw up maps and building plans for the sustainable
development of the city," the AG added.
Weighing in on
the verdict, the Urban Development Minister in the erstwhile BJP government,
Suresh Bhardwaj, claimed the Shimla Development Plan of the previous Jai Ram
Thakur-led regime has received the green signal from the apex court.
Apart from curbs
on raising buildings taller than two and a half storeys, the NGT had also
enforced a blanket ban on building construction in Shimla's Core and Green
areas as well.
As the Supreme
Court set aside the NGT curbs on Thursday, Bhardwaj said the people of Shimla
were desperately counting on the apex court to rule in favour of sustainable
development of the city.
Saying the
Supreme Court ruling was in 'public interest', the BJP leader said the Jai Ram
Thakur-led government had filed a plea in the top court, challenging the NGT
curbs.
The apex court
took up a special leave petition (SLP) filed by the Himachal government in
2018-19, on a complaint by Yogendra Mohan Sen, challenging the NGT order in
2017, banning construction activities in the Shimla planning area.
"The Shimla
development plan was the BJP's vision for the development of the city. The plan
was devised after consulting several experts. However, the NGT issued an order
in 2017, putting curbs on the construction of buildings taller than two and a
half storeys, and later junked the Shimla Development Plan altogether. It was
first such development plan for the city that we came with, specifying the
city's core, non-core, green and other areas of Shimla. The building guidelines
for Shimla were divided between the core and non-core areas as was classified
under the plan," the former Urban Development Minister told ANI.
"The proposed
building bye-laws for the core area recommended 2 floors, a habitable attic and
parking. For the non-core areas, 3 floors, a habitable attic and parking were
suggested. The guidelines also provided for more relaxations in terms of
building height, number of floors, and land use for construction along the main
roads. I welcome the Supreme Court order, as it would help in the sustainable
development of the city," he added.