Nagender Singh
Shimla, September 1
In a case filed by Himachal Government challenging the order of National Green Tribunal (NGT), Himachal Pradesh High Court seeks reply from the Shimla Municipal Corporation, Union Ministry of Environment and Forest and Yogendra Mohan. The Himachal Pradesh Government has questioned the NGT’s legal authority restraining the Himachal Pradesh Town and Country Planning (TCP) Department from implementing the Draft Development Plan-2041 for the Shimla’s planned regions.
A Division Bench of Himachal Pradesh High Court comprising Justice Tarlok Singh Chauhan and Justice Virender Singh has asked the respondents to file their replies within four weeks before the next hearing on September 28.
Yogendra Mohan had challenged the proposed Shimla Development Plan before the NGT and it passed an order asking the government not to venture with this plan.
“The Himachal Pradesh government has questioned the NGT in the High Court for exceeding its jurisdiction by passing an order beyond its authority,” said Vinay Kuthiala, a senior counsel representing the state government.
“The NGT does not have the jurisdiction to pass orders in matters that do not fall within the purview of forest, water and environment-related enactments,” he said.
The NGT order is a violation of various Supreme Court judgments, he said.
The Shimla development plan was made after long deliberations with the citizens of the capital city
besides keeping in mind the treasure of data and science of town and country planning, the counsel said.
Referring to the Shimla Developmental Plan he said that the document addressed all aspects of smart urbanization blending needs of rising population with sustainable environment.
