Order of the National Green Tribunal regarding Draft Development Plan, 2041 of Himachal Pradesh, 14/10/2022

Order of the National Green Tribunal in the matter of Yogendra Mohan Sengupta Vs Union of India & Others dated 14/10/2022.

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 NGT, May 12, 2022 said that prima facie the draft development plan was in violation of the orders of the tribunal and issued notice to the state of Himachal Pradesh and an interim injunction was granted against taking further steps in pursuance of the draft plan.

The state of Himachal Pradesh in its counter affidavit filed, July 20, 2022 said that the orders of the NGT "could be ignored by the state in exercise of its legislative power".

The NGT, October 14, 2022 said that the stand of the state cannot be upheld and 'once the Tribunal has adjudicated upon the matter, no further question remains for going into the merits". There is no jurisdiction with the state to annul or ignore the order of the Tribunal, said the order passed by the bench of Justice Adarsh Kumar Goel and Justice Sudhir Agarwal. The court said that the draft development plan of Himachal Pradesh is illegal.