In a significant ruling, the Supreme Court has overturned the order of the National Green Tribunal (NGT) that had raised concerns about the violation of environmental principles in the Shimla Development Plan – ‘Vision 2041’. The NGT had earlier contended that allowing constructions in ecologically fragile areas could jeopardize Shimla’s susceptibility to both man-made and natural disasters, as it allegedly breached the principles of Sustainable Development, Precautionary Principle, and the Public Trust doctrine.
A Bench led by Justice BR Gavai declared that the development plan incorporates recommendations from the NGT and is founded on extensive reports from expert committees. “We have scrutinized the development plan, which has been finalized after taking into account the reports of various expert committees and studies addressing environmental and ecological aspects,” stated the top court.
However, the Supreme Court clarified that its approval should not be misconstrued as an endorsement of the development plan. Despite the green light, the court emphasized its oversight, cautioning against potential adverse impacts on the environment.
The top court granted permission to the Himachal Pradesh Government and its instrumentalities to proceed with the implementation of the development plan, as officially published on June 20, 2023. This approval, however, comes with a caveat: it is subject to the court’s observations outlined in the judgment.
This decision is poised to have far-reaching implications for the future of Shimla’s development, as it balances the imperative for progress with environmental preservation. As stakeholders now prepare to execute ‘Vision 2041,’ the onus lies on the authorities to ensure that the plan is executed with due diligence, adhering to the Supreme Court’s stipulated guidelines to safeguard the fragile ecosystem of Shimla.
