New Delhi: The Supreme Court on Thursday approved Shimla Development Plan (SDP) 2041 which aims to regulate the construction of buildings in the Himachal Pradesh capital.
The Supreme Court issued the order by upholding the state government's appeal against the stay imposed by the National Green Tribunal (NGT) on the proposed Shimla Development Plan (SDP) and a prohibition on construction activities, reported PTI.
A bench of Justices BR Gavai and Aravind Kumar said, "Upon its (SDP) 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."
The NGT had passed a slew of directions 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 court in its 100-page verdict permitted the state and its instrumentalities to proceed with the implementation of the development plan 2041 as published on June 20, 2023, reported news agency PTI.
It said, "We may however not be construed as giving our imprimatur (official permission) 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."
As per the report, the bench stated that if any citizen has a grievance that any provision is detrimental to the environment or ecology, it is always open for them to raise a challenge 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," it said.
However, the bench said there is a need for maintaining a balance between development and protection and preservation of environmental ecology which has been emphasised by the apex court time and again.
"It is thus clear 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," it said.
Notably, the plan-"Vision 2041"- when implemented, would pave the way for construction in 17 green belts with certain restrictions and also in the core area where construction activity was banned by the NGT, reported PTI.
Detailed guidelines have been mentioned in the plan about the number of storeys a building can have, parking, attic and height of structures, and it has been clearly stated that felling trees will not be permitted in the green areas.
Congress, BJP Engage In Credit War
Meanwhile, the ruling Congress and the opposition BJP in Himachal Pradesh vied for credit after the apex court gave the go-ahead to SDP.
Naresh Chauhan, the principal advisor (media) to Chief Minister Sukhvinder Singh Sukhu, told reporters it was due to the concerted efforts of the state government that the blanket ban on development activities and constructions in Shimla has been removed, reported PTI.
He said the plan was notified by the present government in March 2023 with a new blueprint for construction activities in Shimla.
However, the BJP said the plan was formulated during its tenure.
Hailing the Supreme Court order, former state minister and senior BJP leader Suresh Bharadwaj said, "We designed the Shimla Development Plan and I am happy that the Supreme Court has cleared the plan which will help in Shimla town's development in a better way."
"The plan will contribute towards the ease of living for people in the state capital and help in planned development besides dealing with various issues," he said in a statement, reported PTI.
It is to be noted that the plan proposes to develop Jubbarhatti and Ghandal as activity-based counter-magnet towns with the provision of adequate urban amenities, besides developing satellite towns at Ghandal, Fagu, Naldehra and Chamiyana in suburbs of Shimla.