Following recommendations of a high-level committee set up by it, the Himachal Pradesh government has decided to challenge the NGT orders relating to the ban on new constructions in Shimla’s green belt and core areas in the Supreme Court. “The NGT (National Green Tribunal), on one hand, orders the state government and its instrumentalities like Town and Country Planning (TCP) department to implement building norms strictly, but at the same time, it talks of an enforcement regime which runs parallel and rather contradicts the spirit of the TCP Act,” a senior official said after an extended meeting of the panel on Tuesday. The urban development agency and Shimla Municipal Corporation (SMC) have their own worries on the future of the Smart City project if NGT orders are implemented in its letter and spirit. The building owners, political lobbies and citizen groups are also opposed to the Tribunal orders, which they allege go beyond NGT’s jurisdiction. The panel’s meeting convened on Monday was extended for Tuesday to draw up a clear legal and administrative line as to what should be done in the wake of the sentiments expressed by political groups and some NGOs asking for seeking a review of the orders. The meeting, which drafted some recommendations to the government, suggested hiring a senior counsel in Delhi to file an appeal in the Supreme Court against the NGT order. “We had already paid Rs 30 lakh to a lawyer engaged to defend the government stand in the the NGT . Again, the government may end up spending another Rs 50 lakh to file an appeal,” said an official in the TCP who, however, conceded there was pressure to file an appeal. The NGT, in its 145-page order, has passed severe strictures against the officials of the TCP for failure to regulate the constructions, or for having connived with the violators. The chief secretary, in the order, has been told by the NGT to take disciplinary action against the erring officials. Currently, left-wing groups, as well as the ruling Congress and BJP, have started building up pressure on the government to file an appeal in the Supreme Court. Chief Secretary V C Pharka, when contacted, said a final decision on the issue would be taken by the government once the recommendations of the committee were received. “The NGT order is very elaborate and deals with several issues, few with legal aspects and other with administrative. Some public rights groups have sent some proposals to the government. We will look at the issue in totality and take a decision,” he said.
