New Delhi: In a significant boost for environmental protection and planned development, the Supreme Court on Thursday approved the Shimla Development Plan (SDP) 2041, which regulates building construction in the picturesque capital of Himachal Pradesh. This decision overturned the stay imposed by the National Green Tribunal (NGT) on the proposed plan and construction activities.
The NGT had expressed concerns about the potential for environmental damage due to unplanned and indiscriminate development in Shimla’s core, non-core, green, and rural areas. However, a bench of Justices BR Gavai and Aravind Kumar, after careful consideration, found that the SDP “prima facie” provides sufficient safeguards to balance development needs with environmental and ecological concerns.
In its 100-page verdict, the court allowed the state government and its agencies to proceed with implementation of the plan, published in June 2023. While acknowledging the plan’s thoroughness and involvement of various experts from different fields including those concerned with urban planning, environment etc, the court emphasised that its approval doesn’t constitute an absolute endorsement.
In its verdict, the bench said if any citizen has a grievance that any provision is detrimental to the environment or ecology, it is always open for them to raise a challenge before the appropriate legal channels.
The court highlighted the crucial need for striking a balance between development and protection and preservation of environmental ecology. “Vision 2041,” as the plan is called, outlines detailed guidelines for construction across Shimla, including limitations on building height, floor count, parking, and attics. Importantly, tree felling in green areas remains strictly prohibited. The plan encompasses a vast area of 22,450 hectares, including Shimla Municipal Corporation, Kufri, Shoghi, Ghanahatti Special Area, and additional planning and village areas. Key initiatives include developing Jubbarhatti and Ghandal as “counter-magnet” towns equipped with vital amenities to ease pressure on Shimla’s core area. Similarly, satellite townships are planned in Ghandal, Fagu, Naldehra, and Chamiyana to further decongest the city.