The HP High Court today sought response from the Union Ministry of Environment and Forest, Shimla Municipal Corporation and Yogendra Mohan Sengupta on a petition filed by the state government challenging the recent order of the National Green Tribunal (NGT) restraining the Himachal Pradesh Town and Country Planning (TCP) Department from taking any further steps in pursuance of the Draft Development Plan, 2041 for the Shimla Planning area.
While issuing notices, a Division Bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh directed the respondents to file their replies within four weeks and listed the matter for further hearing on September 28.
Sengupta had challenged the Draft Development Plan, Shimla, 2041 before the NGT and on his petition the restraining order was passed. Vinay Kuthiala, senior counsel representing the government, contended before the court that the NGT had exceeded its jurisdiction while passing the aforesaid order.
“The NGT does not have the jurisdiction to pass orders in matters that do not fall within the purview of forest, water and environment-related enactments,” he said.
