New Delhi, July 28 (UNI) The Supreme Court on Friday decided to adjourn the hearing on the Shimla Development Plan giving two week time to the respondent Yogendra Mohan Sengupta to file a reply on a Special Leave Petition moved by the state government.

Himachal Advocate General Anup Rattan urged the court to allow the state to implement the SDP as it has published the plan as per the previous direction of the apex court.

The AG contended that various applications of residents are pending before the state for a long time to allow construction as per the provisions of the Town and Country Planning (TCP) Act and the state needs to process these applications.

While hearing the matter, the SC bench comprising justices BR Gavai and JB Pardiwala, told the state that they have read newspaper reports that parking places are being used for commercial and residential purposes, leaving cars stranded on the roads.

Anup Rattan submitted that such reports are misleading and not based on facts. He further stated 'since there are parking issues in and around Shimla town, we would be able to tackle the same by removing the cars parked on the roads and asking the residents to park vehicles within their respective parking floors abutting the roads".

The AG disclosed that it was virtually creating a mess as more than 70,000 vehicles in a day in the town could not be accommodated on the roads without having such provisions for parking.

The counsel for the respondents urged the court to allow them to respond online but the court pointed out that no one was allowed to participate online.

However, the court permitted the counsel for respondent Sanjay Parik to argue online for having a valid reason to not appear in person. The counsel stated that green areas were being opened on the pretext of SDP for the construction of residential units and also that the state had prepared a recipe for destruction. He responded further that the state should not have given permission to cut the hills under the plan.

Denying the objections raised by the main respondent, the AG of Himachal Pradesh stated that the submission made by the respondent is not correct as only two-and-a-half-story buildings are being allowed to be built in the core area of Shimla town. He further stated how they could stop people from constructing construction in the green area as many of them are waiting for the last 40 years after buying plots in the town.

Terming the respondent ignorant about the SDP, the AG stated that the Shimla Development Plan was compiled on the basis of the observations of the green tribunal on the applications of the respondent.

The AG also mentioned that the counsel for the respondent have not gone through the SDP draft as it has even proposed to allow the three-and-a-half story buildings in the development plan outside the core area.

The AG said the state wants to authorise the construction as it has a large number of applications pending, which could not be processed without a development plan.

Sanjay Parik, the counsel for the respondent Yogender Mohan Sen Gupta, stated before the court that the state only last week placed on record the draft of SDP and it should be given time to file the reply in the matter. He also requested the court that it would require at least two weeks time to go through the SDP and submit its reply.

The court fixed the next date of hearing on August 11, 2023, ordering the state not to implement the plan till then.

It is worthwhile to mention that the state government has challenged the National Green Tribunal judgement passed in November 2017 restraining the new construction on the basis of the Interim development plan in the Shimla planning area.

The state also challenged the NGT order which declared the new Shimla Development Plan illegal against the November 2017 order.

During the previous hearing in the matter SC similarly deferred the hearing for today after allowing the state of Himachal to place the draft of a new development plan in the court.

UNI ML SSP