A view of the SC.
Credit: PTI Photo
New Delhi: The Supreme Court on Thursday allowed the Himachal Pradesh government to implement the Shimla development plan 2041, finding sufficient safeguards to balance the need for development and addressing the environmental and ecological concerns.
A bench of Justices B R Gavai and Aravind Kumar said the development plan has been finalised in June, 2023 after taking into consideration the reports of various expert committees and the studies undertaken with regard to various aspects including environmental and ecological aspects.
The court set aside the National Green Tribunal's orders for encroaching upon the powers of the delegatee to enact a delegated legislation and also for imposing fetters on the exercise of such powers.
The bench, however, clarified that it has not considered the development plan in minute details and “upon its prima facie consideration," it found that there are sufficient safeguards.
"We may however not be construed as giving our imprimatur to the said development plan,” the bench said.
The bench also said the development plan, finalised after taking recourse to the statutory provisions and undergoing the rigors, cannot be stalled in entirety thereby putting the entire developmental activities to a standstill.
The court also said it was beyond the jurisdiction of the tribunal to direct the state government and its authorities to lay down a development plan in a specific manner.
Emphasising the principle of separation of powers, the bench said giving a direction or advisory sermons to the executive in respect of the sphere which is exclusively within the domain of the executive or the legislature would neither be legal nor proper.
“The court cannot be permitted to usurp the functions assigned to the Executive, the Legislature or the subordinate legislature. The court cannot also assume a supervisory role over the rule-making power of the Executive under Article 309 of the Constitution,” the bench said.
The NGT 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 concerns relating to the environmental and ecology.
The bench also said on the ground of judicial propriety, the NGT ought not to have continued with the proceedings after the High Court was in seisin of the matter and specifically when it was informed that the High Court was seized of the matter.