NGT restrains HP Govt to going ahead with Shimla Development Plan-2041
National Green Tribunal restrainted Himachal Pradesh Government to ahead with Shimla Development Plan 2041 plan as the process was challenged by one Yogendra Mohan Sen who alleged that plan is illegal inview Tribunalbl judgment of dated 16.11.2017. A principal bench of NGT comprising of Chairperson Adarsh Kumar Goel, Judicial member Sudhir Agarwal,Arun Kumar Tyagi and expert member Prof. A. Senthil Vel and Dr. Afroz Ahmad passed a order on May 12 condemning State of Himachal Pradesh for allegedly l trying to assume jurisdiction of Appellate Authority over the NGT, in breach of rule of law. It said that it is not expected from a lawful Government which has to work as per law and the Constitution and not at its fancies as appears to be the case.”Chief Secretary should be personally held liable for prosecution for such patent illegal acts of the State authorities. ” the order said.”We find the observations and proposals in the Plan of the State of HP to be patently illegal in view of submissions noted above.” NGT said. It issued notice to the respondents by email to show cause why the prayers in the Application be not granted asking the state to file response filed within one month. Tribunal also said that applicant might serve a set of papers on the Chief Secretary, Himachal Pradesh to file an affidavit of service within one week. Tribunal also said that meanwhile, it restrain the Himachal Pradesh Town and Country Planning Department from taking any further step in pursuance of Draft Development Plan, 2041. It also held Chief Secretary of Himachal Pradesh personally accountable for any violation of orders of this Tribunal. The matter was listed for further consideration on July 22, 2022. Challenging the Draft Development Plan- 2041 prepared by the Town and Country Planning Department,Himachal Pradesh applicant Yogendra Mohan (who is also facing SLP over this matter in Supreme court) once again moved before NGT order against the draft of new plan on the ground that such plan is contrary to thesustainable development principle and destructive of environment andpublic safety. Applicant said that Tribunal, vide judgment dated 16.11.2017, hasalready issued regulatory measures required to be adopted in terms ofnumber of floors, restrictions on constructions in core/green areas etc.The said directions are still holding the field. Applicant said that draft plan is illegal and ill conceived effort to violate the binding directions of this Tribunal underSection 15 of the NGT. Under Section 33 of the said Act, the NGT Act has overriding effect over any other law in force.Violating such directions is a criminal punishable offence under Section26 of the NGT Act. Heads of concerned Departments of the State areliable to be prosecuted for such offence under Section 28 of the said Act. NGT maintain that its attention has been particularly drawn to the draft planpermitting construction of more floors, new constructions in core area,constructions in green area, permitting development in sinking andsliding area in violation of order of this Tribunal. If the State proceeds insuch manner, not only it will damage rule of law, it may result indisastrous consequences for the environment and public safety, it added.
