In a landmark decision, the Supreme Court has given its nod to the Shimla Development Plan 2041, dismissing the National Green Tribunal’s (NGT) assertion that it could dictate the government’s exercise of rule-making powers. The court, led by Justices BR Gavai and Aravind Kumar, asserted that the Development Plan meticulously considers reports from expert committees and studies, particularly on environmental and ecological aspects.
The court, while acknowledging the imperative of developmental activities to meet the demands of a burgeoning population, emphasized the critical need to address environmental and ecological concerns concurrently. This decision comes as a response to the NGT’s objection to the development plan, contending that it lacked sufficient safeguards to balance progress with environmental preservation.
The legal dispute originated when the State of Himachal Pradesh published a draft development plan in compliance with NGT directives. However, the NGT, through two orders, halted the plan, labeling it illegal and conflicting with prior directives. The Supreme Court, taking cognizance of the interconnected matters, directed the transfer of the case to itself.
The court delved into the legislative framework of the Town and Country Planning Act, emphasizing the objective of balanced planning and development. It discussed the powers delegated under Section 18 of the Act and elucidated the nature of functions performed during the development plan’s finalization.
A pivotal aspect addressed was whether the NGT could instruct the legislative body on how to exercise its legislative functions. The court vehemently rejected such interference, emphasizing that the NGT had overstepped its limitations by attempting to encroach upon the realm reserved for the delegatee in enacting subordinate legislation.
While recognizing the imperfections in the development plan, the court concluded that due care had been taken to address environmental aspects. It allowed the State of Himachal Pradesh to proceed with the plan’s implementation, emphasizing the importance of striking a balance between development and environmental preservation.
In a decisive ruling, the Supreme Court nullified the NGT’s orders, permitting the state to move forward with the approved development plan. The judgment underscores the court’s commitment to preserving the delicate equilibrium between development and environmental protection.
