The Supreme Court on Wednesday stayed a National Green Tribunal (NGT) direction allowing regularization of unauthorised structures in Kasauli, a popular tourist destination in Himachal Pradesh, after paying environmental compensation.
A bench of justices M B Lokur, S Abdul Nazeer and Deepak Gupta said that the October 5 direction of the NGT shall be stayed till further orders.
"It appears to us that direction number 5 (of the NGT) is not in consonance with the directions issued by this court from time to time in the matter. In these circumstances, until further orders the direction number 5 is stayed," the bench said and posted the matter for hearing in second week of January 2019.
The NGT, while hearing a matter related to unauthorised construction in Kasauli, had on October 5 passed a slew of directions including regularisation of unauthorised structures after payment of environmental compensation.
The direction number 5 in the order passed by NGT said, "With respect to unauthorized structures where plans have been submitted and construction work with deviation have been completed prior to this judgment and the authorities consider it appropriate to regularize such structures beyond the sanctioned plan....
"The same shall not be compounded or regularized without payment of environmental compensation at the rate of Rs.5,000 per sq. ft. for exclusive self-occupied residential buildings and Rs.10,000 per sq. ft. for commercial or residential-cum-commercial buildings."
The green panel had said that the compensation amount collected should be utilized for development of environment of the area and should be kept in a separate account.
At the outset, senior advocate P S Patwalia, appointed as amicus curiae to assist the court in the matter, said that the direction of the NGT virtually nullifies the decision of the apex court by regularizing unauthorized construction.
He also said that the said direction has wide ramifications as it also nullifies the judgment of the Himachal Pradesh High Court.
Referring to the status report filed by Himachal Pradesh Government, Patwalia said that an expert committee has said that there were problems of water facilities and Kasauli has already exceeded its carrying capacity.
Advocate General Ashok Sharma, appearing for the state government, said that they already have a scheme for water supply in and around Kasuali.
The bench then posted the matter to second week of January.
On October 25, the state government had told the apex court that departmental action has been initiated against erring public servants who were posted in Kasauli when unauthorised constructions happened there.
The state government had said that preliminary inquiry has been initiated against public servants, who were found to be negligent in performing their duties, and show cause notices were also issued to them.
It had informed the court that demolition of unauthorised constructions at several hotels and resorts in Kasauli has also been done and the state was proceeding in accordance with the law for curbing such instances in future.
The state had also told the court that illegal constructions would be sealed for one year and if requisite permissions and regularisation are not taken within this period, the unauthorised structures would be demolished.
The court had then made it clear that unauthorised floor of a building cannot be regularised.
Earlier the state government had informed the court about the status of a case in which on May 1, Assistant Town and Country Planner Shail Bala Sharma, who had gone to supervise the demolition of unauthorised construction at Kasauli's Narayani Guest House, was shot dead allegedly by the owner of the building.
The state had said that the accused was in judicial custody.
The court had earlier taken cognisance of the Kasauli incident in which Sharma was killed, terming it as very unfortunate and observed that it had happened due to "non-implementation" of the law.
Disclaimer: No Business Standard Journalist was involved in creation of this content
