Supreme Court - Daily Orders
The State Of Himachal Pradesh vs Yogendra Mohan Sengupta on 3 May, 2023
Bench: B.R. Gavai, Vikram Nath, Sanjay Karol
ITEM NO.3 COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 5348-5349/2019
THE STATE OF HIMACHAL PRADESH & ORS. Appellant(s)
VERSUS
YOGENDRA MOHAN SENGUPTA & ANR. Respondent(s)
(IA No. 124638/2022 - CLARIFICATION/DIRECTION
IA No. 124633/2022 - EXEMPTION FROM FILING O.T.
IA No. 124632/2022 - INTERVENTION/IMPLEADMENT
IA No. 27536/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 27537/2019 - PERMISSION TO FILE LENGTHY LIST OF DATES)
WITH
T.C.(C) No. 2/2023 (XVI-A)
Date : 03-05-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE SANJAY KAROL
For Appellant(s) Mr. Vinay Kuthiale,, Sr. Adv.
Mr. Anoop Kumar Rattan, AG for H.P., Sr. Adv.
Mr. Himanshu Tyagi, A.A.G.
Mrs. Vandana Kuthiala, Adv.
Mr. Shawiya Kuthiala, Adv.
Mr. Puneet Rajta, Adv.
Mr. Abhishek Yadav, AOR
For Respondent(s) Mr. Sanjay Parikh, Sr. Adv.
Mr. Rahul Choudhary, Adv.
Ms. Srishti Agnihotri, AOR
Ms. Sanjana Grace Thomas, Adv.
Ms. Itisha Awasthi, Adv.
Signature Not Verified
Mr. Sanjay Jain, AOR
Digitally signed by
Narendra Prasad
Date: 2023.05.08
17:46:34 IST
Reason: Mr. Dharmendra Kumar Sinha, AOR
Mr. Subodh Kr. Pathak, Adv.
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Mr. Shashi Ranjan, Adv.
Mr. Vinod K. Soni, Adv.
Mr. Raghav Goel, Adv.
Mr. Pawan Kumar Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. We are informed that on account of directions issued by the National Green Tribunal (NGT), the final development plan which is presently at the stage of ‘draft notification’ could not be published. We are further informed by the learned Advocate General for the State of Himachal Pradesh that 97 objections have been received to the draft development plan.
2. In light of the facts and circumstances of these cases, we find that it will be appropriate, that the State Government decides the objections received to the draft development plan and after considering the same issue a final development plan.
3. We, therefore, direct the State of Himachal Pradesh to consider the objections to the draft development plan, decide them and publish the final development plan within a period of six weeks from today.
4. We further clarify that after the final development plan is published, it would not be given effect to for a period of one month from the date of its publication.
5. It is further directed that no construction should be permitted on the basis of the draft development plan.
6. Learned counsel appearing for the impleadors submits that certain constructions are being carried out without there being a sanctioned plan.
7. If any such construction is carried out without there being a sanctioned plan, indisputably, such a construction would be an unauthorized construction.
8. We, therefore, grant liberty to the applicant(s) to take recourse to the remedy available under Article 226 of the Constitution of India and bring unauthorized constructions to the notice of the High Court.
9. Needless to state that on such petitions being filed, the High 2 Court would decide such petitions with due urgency that the issue requires.
10. List these matters on 12.07.2023.
(NARENDRA PRASAD) (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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