On Thursday 11 January 2024, the Supreme Court of India has overruled the National Green Tribunal’s (NGT) previous orders, paving the way for the implementation of the ambitious Shimla Development Plan 2041. This ruling has been warmly received by the Himachal Pradesh government and the citizens of Shimla, who view it as a significant step towards the city’s planned development.
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The NGT had earlier imposed a blanket ban on construction and development activities in Shimla, which was effectively challenged by the state government. The Supreme Court’s judgment transfers a related pending case from the Himachal Pradesh High Court to the apex court, thereby consolidating the legal proceedings concerning the Shimla Development Plan.
Naresh Chauhan, Principal Advisor, Media, to the Himachal Pradesh Chief Minister, expressed his satisfaction over the court’s decision. He highlighted that the Shimla Development Plan, notified in March 2023, was a result of the state government’s efforts to create a new blueprint for Shimla’s development. Chauhan emphasized,
“Today the judgment of the Supreme Court has given much-needed relief to the people of Shimla to carry out development activities which were in limbo for the past many years.”
Chief Minister Sukhvinder Sukhu’s role was pivotal in this legal victory. His decision to engage experienced lawyers to argue the case played a crucial role in overturning the NGT’s orders. The Supreme Court’s affirmation that the power to finalize development plans rests with the state, and not with the NGT, was a significant aspect of the judgment.
Former Urban Development and Town and Country Planning Minister Suresh Bhardwaj also welcomed the Supreme Court’s decision. As a member of the BJP and an instrumental figure in preparing the Shimla Development Plan during the previous government, Bhardwaj expressed his contentment, stating,
“We had designed this plan for Shimla. I am glad that the Supreme Court has cleared it, and now the plan will help Shimla town’s development in a better way. It will help in planned development, besides dealing with various issues.”
The Shimla Development Plan outlines specific guidelines for construction in the city, dividing it into core and non-core areas. For the core area, the plan suggests a limit of two floors, a habitable attic, and parking, while for the non-core area, it allows three floors, a habitable attic, and parking. Additionally, the plan proposes more relaxations in building height, number of floors, and land use along main roads, including national and state highways.
The progress of the GIS-based Development Plan for the Shimla Planning Area has been closely monitored, and the former minister urged the government to notify the development plan before January 25. Following this notification, the draft will be open for public review and comments.
This decision by the Supreme Court marks a significant milestone in Shimla’s urban planning and development, promising a more structured and sustainable growth for the city.