Supreme Court Overturns 2017 NGT Ban on Construction Activities in Shimla Planning Area

The Supreme Court of India has dismissed the 2017 judgment that prohibited construction activities in the Shimla Planning Area and subsequently halted the implementation of the Shimla Development Plan. The Division bench, comprised of Justice B R Gavai, Justice P K Mishra, and Sandeep Mehta, overturned the National Green Tribunal’s November 2017 ruling, which imposed a complete ban on construction activities in heritage and core areas, permitting only two-and-a-half-story constructions in other parts of the Shimla Planning Area.

Law Officer Mayank Manta of Town and Country Planning revealed that the Supreme Court accepted all the pleas and grounds presented by the state government, challenging the jurisdiction of the Green Tribunal to intervene in construction activities. Additionally, the court allowed the Shimla Development Plan, prepared during the previous BJP rule, and notified by the Congress rule with the SC’s permission in March 2023.

The Supreme Court, during the hearing of the Special Leave Petition (SLP) filed by the State of HP in 2018-19, contested the NGT’s 2017 verdict prompted by Yogender Mohan Sen’s complaint, imposing a blanket ban on construction activities in the Shimla Planning Area. The judgment, reserved for the Christmas and New Year vacation, enables the State Government and Town and Country Planning to implement the new blueprint for construction activities in the Shimla Planning Area.

The State Government argued before the Supreme Court that the ban on construction led to several problems, including limited parking slots in the Shimla Planning Area and many govt projects halted. Asserting that the NGT exceeded its jurisdiction by intruding into the domain of Town and Country Planning. The three-judge bench of the Supreme Court acceded to the government’s pleas, setting aside the NGT order, which acted as a decree following a complaint regarding construction activities in Shimla’s green areas by the TCP and Shimla Municipal Corporation.

The judgement was authored by Justice BR Gavai and Justice Arvind Kumar.

” We have gone through the development plan. The
development plan has been finalized after taking into
consideration the reports of various expert committees and the studies undertaken with regard to various aspects including environmental and ecological aspects.

We, however, clarify that we have not considered the
development plan in minute details. Upon its prima facie consideration, we have come to a view that there are sufficient safeguards to balance the need for development while taking care of and addressing the environmental and ecological concerns. We may however not be construed as giving our imprimatur to the said development plan. At the same time,
it cannot be ignored that the development plan has been finalized after various experts from various fields including those concerned with urban planning, environment etc., were taken on board. It also cannot be ignored that the development plan has been finalized after undergoing the rigorous process including that of inviting objections and suggestions at two stages, giving the hearing to such objectors
and suggesters and after considering the same. If any of the citizen has any grievance that any provision is detrimental to the environment or ecology, it is always open to raise a challenge to such an independent provision before the appropriate forum. Such a challenge can be considered in accordance with law. But, in our view, the development plan, which has been finalized after taking recourse to the statutory
provisions and undergoing the rigors thereto, cannot be stalled in entirety thereby putting the entire developmental activities to a standstill.

Insofar as the grievance of the Interveners, who are the plot holders in the ‘Green Belt’ area, with regard to payment of compensation is concerned, we find that the said issue would be beyond the scope of the present proceedings. We, therefore, without specifying any opinion on such claim, relegate the
interveners to avail the appropriate remedy available to them in law.
Himachal Pradesh Government and its
instrumentalities are permitted to proceed with the
implementation of the development plan as published
on 20th June 2023 subject to what have allowed in the Apex court. “