Order of the National Green Tribunal on the Draft Development Plan, 2041, Himachal Pradesh, 12/05/2022

  • 12/05/2022

Order of the National Green Tribunal in the matter of Yogendra Mohan Sengupta Vs Union of India & Others dated 12/05/2022.

Challenge in the application is to the Draft Development Plan, 2041 prepared by the Town and Country Planning Department, Himachal Pradesh on the ground that such a plan is contrary to the sustainable development principle and destructive of environment and public safety.

The court's attention was drawn to the draft plan permitting construction of more floors, new constructions in core area, constructions in green area, permitting development in sinking and sliding area in violation of NGT orders. "If the State proceeds in such manner, not only it will damage rule of law, it may result in disastrous consequences for the environment and public safety, the court led Justices Adarsh Kumar Goel, Sudhir Agarwal and Arun Kumar Tyagi said.

The Tribunal directed that the Himachal Pradesh Town and Country Planning Department should not proceed from taking any further step in pursuance of Draft Development Plan, 2041. The Chief Secretary, Himachal Pradesh to file an affidavit of service within one week and notice has been issued to the respondents to file their response within one month. The matter has been listed for further consideration, July 22, 2022.