SC approves Shimla development plan 2041, quashes NGT order

New Delhi: The Supreme Court on Thursday approved the Shimla Development Plan 2041 which is aimed to contribute towards the ease of living in Himachal Pradesh's capital city, saying there are sufficient safeguards in the plan to balance the need for development while taking care of and addressing environmental and ecological concerns. A bench of Justices BR Gavai and Aravind Kumar quashed the National Green Tribunal (NGT) order which had put a stay on the development plan. The bench said Himachal Pradesh and its instrumentalities are permitted to proceed with the implementation of the development plan as published on June 20, 2023.
The apex court further said that the development plan has been finalized after considering the reports of various expert committees and the studies undertaken about various aspects, including environmental and ecological aspects. "Prima facie, there are sufficient safeguards in development plan to balance the need for development while taking care of and addressing environmental and ecological concerns," it added.
"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 a hearing to such objectors and suggesters, and after considering the same," the verdict stated. It further stated that 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 per 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," the top court said. The Himachal government approved the new development plan in June 2023.
The NGT, in a case relating to the 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 stayed it on 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 to appeal the NGT order.
In May 2023, the apex 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, Vision 2041.
The top court by its judgement on Thursday, also stayed the NGT judgment of May 12 and October 14, 2022. On October 14, the NGT restrained from giving effect to the Shimla draft development plan, saying it was in conflict with the Green Tribunal's November 2017 order.
A total of 22,450 hectares were taken into account for the revision and formulation of the development plan.