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SC approves Shimla development plan 2041 aimed at regulating construction activities
The court judgment comes as a shot in the arm for the Sukhvinder Singh Sukhu-government, which had approved the new plan in June 2023 and strongly defended it in the top court
The Supreme Court on Thursday approved the Shimla development plan 2041 that is aimed at regulating construction activities in Himachal Pradesh’s capital city, terming it prima facie “sustainable” even as the court underlined the need to balance development with ecological concerns.
A bench headed by justice Bhushan R Gavi set aside the previous orders of the National Green Tribunal (NGT), holding that it was beyond the jurisdiction of the tribunal to direct the state government and its authorities to lay down a development plan in a specific manner.
According to the bench that also comprised justice Aravind Kumar, the state government and its authorities perform legislative and quasi-legislative functions in prescribing a development plan. Therefore, the court added, while it was open for the NGT or the high court to examine such plans on merit, they could not direct the authorities to frame a plan in a particular manner.
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Reading out the operative part of the judgment, justice Gavai said the new development plan seems to have considered the concerns raised by the NGT earlier. It clarified that though the court is of prime facie view that the 2041 development plan is sustainable, it will still be open for the parties to challenge the finer points of the plan on their merits.
The court judgment comes as a shot in the arm for the Sukhvinder Singh Sukhu-government, which had approved the new plan in June 2023 and strongly defended it in the top court.
The NGT, in a case relating to Shimla development plan, had issued a slew of directions since 2017 while noting that unplanned and indiscriminate development in the core, non-core, green and rural areas within the Shimla planning area had given rise to serious environmental and ecological concerns.
The Shimla development plan was approved by the previous state government in February 2022, but it did not materialise owing to the NGT’s stay orders in May 2022. The tribunal termed it illegal and in conflict with earlier orders passed in 2017 to regulate haphazard constructions in Shimla.
After the state government approached the apex court in appeal, the top court in May 2023 asked the state government to decide on the objections received to the draft development plan and thereafter issue a final development plan within six weeks. At the same time, the court clarified that the draft plan would not be implemented for a month from the date of publication of the notification nor would any fresh construction be permitted based on the draft plan.
Subsequently, in June 2023, the state government notified the new plan. The plan, named Vision 2041, included construction provisions in 17 green belts with certain restrictions and in the core area where construction was banned by the NGT. Detailed guidelines regarding the number of storeys, parking, attic and height of the structures were also mentioned, adding that felling trees would not be permitted in green areas.
A total of 22,450 hectares were taken into account for revision and formulation of the development plan, which included the Municipal Corporation of Shimla, special area development authorities of Kufri, Shoghi and Ghanahatti and additional Shimla planning area besides villages.
After hearing the arguments over the feasibility of the new plan, the court had on December 12 reserved its judgment in the case.
