The Supreme Court on Thursday approved the Shimla Development Plan 2041 that is aimed to contribute towards the ease of living in Himachal Paresh’s capital city, saying there are sufficient safeguards in the plan to balance the need for development while taking care of and addressing the environmental and ecological concerns.
Quashing the green tribunal order which had put on hold the development plan, a bench of Justice B R Gavai and Justice Aravind Kumar in a judgment on Thursday said the Himachal Pradesh government and its instrumentalities are permitted to go ahead with the implementation of the development plan as published on June 20, 2023.
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Quashing the green tribunal’s November 16, 2017, July 16, 2018 and October 14, 2022, Justice Gavi speaking for the bench said, “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.”
Having said this, the bench in its judgment said, “The Appellant-State of Himachal Pradesh and its instrumentalities are permitted to proceed with the implementation of the development plan as published on 20th June 2023 subject to what has been observed by us hereinabove.”
“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”, said the judgment.
It further said, “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 suggestions and after considering the same.”
Keeping a window open for those still aggrieved by any aspect of the plan in the course of its implementation, the court said, “If any of the citizens 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.”
However, the court said, “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.”
The Himachal government had approved the new development plan in June 2023.
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 previous government of Himachal Pradesh had approved the Shimla development plan in February 2022, but NGT had stayed it in May 12, 2022 terming it illegal and in conflict with earlier orders passed in 2017 to regulate haphazard constructions in Shimla.
Thereafter, the State government approached the top court in appeal of the NGT order.
In May 2023, the top court asked the Himachal Pradesh government to decide on the objections received to the draft development plan and thereafter issue a final development plan within six weeks.
Subsequently, in June 2023, the government notified the new plan named, ‘Vision 2041’.
A total of 22,450 hectares were taken into account for revision and formulation of the development plan.
