Legal Correspondent
Shimla, November 15
The HP High Court today issued a notice to the Union Ministry of Environment and Forest on a petition filed by the state government challenging the recent order of the National Green Tribunal (NGT) that rejected the plea of the state for permission to construct a lift and a ramp for physically challenged persons in Ellerslie main building, visitors waiting hall at the Chief Minister's office, and the extension of the car parking and a multi-storied parking and office accommodation in the Secretariat complex.
State unable to perform duty
The state government has a statutory duty and obligation under the HP Town and Country Planning Act as well as the HP Municipal Corporation Act but on account of the NGT order it was unable to perform its statutory and constitutional duties. The NGT exceeded its jurisdiction while passing the aforesaid order. State Government's Petition
A Division Bench comprising Chief Justice Mohammad Rafiq and Justice Sabina also issued a notice to Yogendra Mohan Sengupta, who had filed the petition before the NGT highlighting the issue of haphazard constructions in Shimla city.
During the course of hearing, the Assistant Solicitor General of India opposed the petition of the state government on the ground of maintainability. On the other hand, senior counsel for the state government Vinay Kuthiala contended that the petition was maintainable. He said that the NGT order of September 13, 2021, rejecting the application of the state for seeking permission to construct a project of public importance was violative of various judgments of the Supreme Court and sought its quashing.
It was contended in the petition that the state government has a statutory duty and obligation under the HP Town and Country Planning Act as well as the HP Municipal Corporation Act but on account of the NGT order it was unable to perform its statutory and constitutional duties. It stated 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 the forest, water and environment related enactments.
It was also mentioned in the petition that the NGT in its order passed on October 8, 2021, had turned down the Himachal High Court's request to allow the reconstruction of its old building.
While hearing the contentions of both Central and state governments, the court issued the notice and listed the matter for further hearing on November 29.
Courtesy: Tribune News Service