Approach supervisory committee: NGT to Himachal HC on plea seeking building reconstruction
Sep 25, 2020
New Delhi [India], September 25 : The National Green Tribunal (NGT) has asked the Himachal Pradesh High Court to approach its Supervisory Committee, constituted to consider the need for construction of exceptional nature, on a plea seeking to allow reconstruction of a part of its pre-existing building in Shimla.
The NGT had in 2017 prohibited new construction in the core area of Shimla. It had also prohibited all construction, residential or commercial, in any part of the "green, forest and core areas" of Himachal Pradesh and within three metres of the national highways.
The tribunal had also constituted the Supervisory Committee to consider and evaluate the need for construction of buildings of exceptional nature and make a recommendation, if necessary.
A bench of Justice Adarsh Kumar Goel, NGT chairperson, Justice SP Wangdi (Judicial Member), and Dr Nagin Nanda (Expert Member) on September 22 asked the High Court to approach its Supervisory Committee seeking permission to reconstruct a part of its building in Shimla.
The order came on a petition, moved by the administration of the Himachal Pradesh High Court, seeking clarification whether the earlier NGT order is applicable to the reconstruction of preexisting buildings.
The NGT bench, while disposing of the plea, granted liberty to the applicant to have evaluation done from the Supervisory Committee in terms of the said judgment.
The bench said that without commenting on the need of the High Court and the location where construction may be made, considering the available options, safety and environmental concerns have to be duly evaluated in terms of geological parameters, seismological hazards, and traffic congestion.
Such evaluation may be made by the Supervisory Committee on its own merit, it said.
The plea had said that building plans were sent to the Municipal Corporation of Shimla on March 29, 2018, but the same was returned on the ground that the site is in the core area where no new construction is allowed ignoring that there is no fresh construction and no extra burden on the environment/ ecology is involved.
