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This is an archive article published on January 12, 2024

SC quashes NGT order, approves Shimla development plan; BJP, Cong vie for credit

Setting aside the NGT orders dated November 16, 2017, July 16, 2018, and October 14, 2022, a bench of Justice BR Gavai and Justice Aravind Kumar “permitted...appellant-state of Himachal Pradesh and its instrumentalities...to proceed with the implementation of the plan...”.

Shimla development plan, Shimla, Shimla landslides, Shimla tourism, Himachal Urban Development, indian expressThe ruling Congress and the opposition BJP in Himachal Pradesh vied for credit after the SC go-ahead to Shimla Development Plan 2041.

The Supreme Court Thursday quashed National Green Tribunal (NGT) orders staying the development plan for Shimla and allowed Himachal Pradesh to go ahead and implement it stating that “prima facie” the court is of the view that “there are sufficient safeguards” in the plan “to balance the need for development while taking care of and addressing the environmental and ecological concerns”.

Setting aside the NGT orders dated November 16, 2017, July 16, 2018, and October 14, 2022, a bench of Justice BR Gavai and Justice Aravind Kumar “permitted…appellant-state of Himachal Pradesh and its instrumentalities…to proceed with the implementation of the plan…”.

The bench said that “while ensuring the developmental activities so as to meet the demands of growing population, it is also necessary that the issues with regard to environmental and ecological protection are addressed too”. The court said the state “while preparing the draft development plan, have taken into consideration the suggestions given by the NGT”. In that regard, if any person feels aggrieved by any of the provisions, they would always be at liberty to take recourse to such remedy as is available in law”.

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Writing for the bench, Justice Gavai said the court had, however, “not considered the development plan in minute details”.

The judgment added that “at the same time, it cannot be ignored that the development plan has been finalised after various experts from various fields including those concerned with urban planning, environment etc., were taken on board.

The ruling Congress and the opposition BJP in Himachal Pradesh vied for credit after the SC go-ahead to Shimla Development Plan 2041.

Naresh Chauhan, the principal advisor (media) to Chief Minister Sukhvinder Singh Sukhu, said it was due to the concerted efforts of the state government that the blanket ban has been removed. He said the plan was notified by the present government in March 2023.

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Senior BJP leader Suresh Bharadwaj said, “We designed the Shimla Development Plan.”
(With PTI inputs)

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