At least 20 people are feared dead in Shimla, as torrential rain brought down multi-storeyed buildings that were constructed precariously close to each other, and on steep gradients. This brings to the fore the July 2017 ruling of the NGT (National Green Tribunal), which has been challenged by the State in the High Court and the Supreme Court. It must be implemented in right earnest.
The NGT observes: “We hereby prohibit new construction of any kind, i.e., residential, institutional and commercial to be permitted henceforth in any part of the Core and Green/Forest area as defined under the various Notifications issued under the Interim Development Plan as well, by the State Government.”
Beyond this green zone, “construction will not be permitted beyond two storeys plus attic floor...There shall be no regularisation of unauthorised construction within the Core area and Green/Forest areas,” the NGT bench observes.
In October 2022, the NGT stayed the Shimla Development Plan, approved by the previous State government in February 2022, as being violative of its 2017 ruling. But the plan was notified in June this year. Its regulatory aspects are not clear. Efforts to implement the NGT 2017 order resulted in incidents of violence, where hotel owners shot at municipal officials who came to demolish their illegal structures.
Earlier, the State lost no time in challenging the NGT ruling in Supreme Court, which in turn did not stay the 2017 order. It is surprising that the State government has pressed ahead with a development plan that appears to disregard the NGT ruling. The SC is expected to hear the Shimla issue later this month.
Indeed, the apex court should throw the rule book at other hill towns facing similar threats, such as Coonoor, Darjeeling, Nainital, among others. As the NGT observes, the State has failed to observe Article 48A of the Constitution and the citizens their duties in terms of Article 51A(g).