NEW DELHI: The National Green Tribunal (NGP) has restrained the Himachal Pradesh government from implementing the Draft Development Plan 2041, which permits for unbridled development in the hilly state.

"In light of the representations indicated above, we find the observations and proposals in the state of HP plan to be clearly unconstitutional," NGT Chairperson Justice Adarsh Kumar Goel remarked after hearing a plea submitted by Yogendra Mohan Sengupta, a Shimla-based environmentalist. The draught development plan was challenged on the grounds that it violated the principle of sustainable development and was harmful to the environment and public safety. 

The petitioner relied on Expert Committee recommendations based on the NGT's 2017 order, which stipulated regulatory measures to be implemented in terms of the number of floors and construction limitations in core green areas.  The panel stated in the judgement that if the state proceeds in this manner, it will not only harm the rule of law, but it will also have terrible effects for the environment and public safety.

"It is not expected from a lawful administration that is required to work in accordance with the law and the Constitution, not on its own whims as appears to be the case," said the May 12 order.  "The Chief Secretary should be personally held accountable for prosecution for such patent illegal activities of the State authorities," the panel said, referring to the state's Chief Secretary. The bench also issued show-cause notices to the respondents, instructing them to respond within one month. The Tribunal also stated that the applicant may serve a set of papers on the Chief Secretary, who must file an affidavit of service within one week, and that in the meantime, the Himachal Pradesh Town and Country Planning Department is prohibited from taking any further action in relation to the Draft Development Plan 2041.

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