NEW DELHI: Supreme Court heard impassioned arguments from both sides concerning the Shimla Development Plan (DP) with specific reference to Special Planning Area (SPA).
The matter has been reserved for a detailed order, leaving stakeholders eagerly awaiting the court's decision.
Hon'ble Mr. Justice B.R. Gavai and Hon'ble Mr. Justice Aravind Kumar presided over a case with representatives for both the appellant and respondent sides presenting their arguments.
The appellant's legal team, comprising Mr. Anup Rattan and Mr. Vinay Kuthalia, both Senior Advocates, along with Mr. Puneet Rajta, Mr. Joydip Pati, Mr. Rishi Malhotra, and Mr. Himanshu Tyagi, Advocates, were present.
On the respondent's side, Mr. Sanjay Parikh led the team, supported by Mr. Rahul Choudhary, Ms. Srishti Agnihotri, Ms. Itisha Awasthi, Ms. Sanjana Grace Thomas, Ms. Tara Elizabeth Kurien, Mr. Rajive Bhalla, Mr. Raghav Goel, Mr. Anurag Tandan, and Mr. Sanjay Jain.
During the proceedings, the counsel for both parties presented their arguments at length, and the court subsequently concluded the hearing. The judges reserved judgment on the matter.
As part of the procedural steps, the court directed that any written submissions from the involved parties should be filed by December 15, 2023.
The court order indicates a thorough consideration of the case, with a decision to be rendered after due deliberation.
The proceedings extensively addressed three key points related to the green belt:
Advocates insisted that any regulated constructions proposed by the government within the green belt must consider and address the concerns of those affected.
Contingent on the Supreme Court's stance against opening these areas for constructions, a plea was made for the state to be directed towards acquisition and rehabilitation efforts.
The implementation of Direction 112 VII was stressed, proposing the imposition of composition charges at Rs. 5000/- per square foot and Rs. 10,000/- per square foot for residential and commercial properties, respectively.
These charges would target individuals who, with blatant disregard for planning laws, violated regulations and raised unauthorized structures.
The suggested course of action involved creating a corpus from collected funds, with the aim of disbursing the amount to those affected in the green belt whose land may be acquired for forest preservation.
The Supreme Court, after a thorough and extended hearing, is expected to deliver a comprehensive verdict in the coming days.
Should the DP be approved, affected parties will likely be granted the liberty to seek remedies through the High Court for any lingering grievances.
The outcome holds significant implications for the future of the Shimla Development Plan and its impact on both the environment and the residents involved.
