NGT asks Himachal HC to approach supervisory panel for building reconstruction

The National Green Tribunal has asked the Himachal Pradesh High Court to approach its Supervisory Committee with the plea seeking permission to reconstruct a part of its building in Shimla.

The National Green Tribunal has asked the Himachal Pradesh High Court to approach its Supervisory Committee with the plea seeking permission to reconstruct a part of its building in Shimla. The NGT in 2017 had banned 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.

It had also formed the Supervisory Committee to consider and evaluate the need for construction of building of exceptional nature and make recommendation, if necessary. A bench headed by NGT Chairperson Justice Adarsh Kumar Goel asked the high court to approach the committee for evaluation of the proposal.

The NGT was hearing the application filed by the Himachal Pradesh High Court, through its administrative side, seeking permission to construct part of pre-existing building. The tribunal noted that in the present case, building plans were sent to the Municipal Corporation Shimla by the high court in March 29, 2018 but the same were returned on the ground that the site is in the core area where no new construction is allowed.

"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," said the bench also comprising Justice S P Wangdi. The application is accordingly disposed of with liberty to the applicant to have evaluation done from the Supervisory Committee, the tribunal said.

According to the applicant, there is a proposal to reconstruct a part of the preexisting building to which prohibition under the order of the Tribunal is not applicable and this needs to be clarified. The plea referred to a decided case wherein expansion of Cancer Hospital was allowed by the Supervisory Committee, constituted under the judgment of this Tribunal..