NGT Ban: An effort to restore the ecology of Shimla.

The National Green Tribunal in its landmark judgment on 16^th November 2017 banned any new construction activity in green forest and core areas of Shimla, including the entire portion around the circular Cart Road. Yogendra Mohan Sengupta, a local resident had filed a petition before the NGT three and half years back. Any, future construction in the areas beyond the core area and green belts of Shimla that also cover the city’s heritage zone has been prohibited as well. The tribunal also imposed a complete ban on the regularization of illegal and unauthorized constructions. The hopes of the violators of the TCP norms ignited by the amendment brought in the TCP Act, 1977 by the State Government are dashed to the ground by this order. However, notable relaxations have been given to public utility buildings i.e. hospitals, schools,s and offices building of essential services. The Order also bars the following:-

§  Any residential, commercial, and institutional construction within 3 meters of state or national highways in the entire State.

§  Complete ban on the felling of trees in catchment forest and sub-catchment of water streams and sources.

§  Slope norm for construction reduced to 35 degrees.

The tribunal in its order running into 145 pages comes down heavily on the officials of Himachal Pradesh State Pollution Board and Town and Country planning department for complete dereliction of duty. The tribunal held them responsible for allowing indiscriminate construction and they are hands in gloves with the violators. The direction has been given to the state government to act against the officials of these two departments whose names appear in the order. The NGT also ordered the constitution of an empowered committee to keep a check on any violation henceforth. The committee will comprise of two components: i) the six members Supervisory committee will constitute experts from premier institutes such as Wadia Institute of Himalayan Geology, National Disaster Management Authority, and Punjab Engineering College, Chandigarh (it will meet once every three months) ii) the nine-member implementation panel (it will meet every month). In the cases where plans have been submitted and the construction work with deviations has been completed prior to this order, the competent authorities can regularise such structure by taking environmental compensation at the rate of Rs5000/- per sq. ft. in case of residential construction and Rs 10000/- per sq. ft. in commercial or residential –cum- commercial buildings, the order reads. NGT has also directed that an action plan be prepared for providing appropriate infrastructure, water and sewerage facilities, roads, greenery, other public amenities, and retrofitting of existing structures (especially public utilities), particularly with the earthquake-resistance structures in the areas which have been indiscriminately developed and lack such facilities.

All the elected councilors of various parties have adopted a resolution asking the state government to file a review petition against the NGT orders. Various associations / NGOs have come against this ban in unison. United we stand—in this case, we fall. One of the associations named Nagrik Sabha had also threatened to launch an agitation. As expected, very few are welcoming the order. This reaction from various stakeholders pretty much sums up the present situation. For years, we all have contributed to exploiting the fragile ecology of cities. Consequently, the city is facing problems with drinking water, traffics, parking, and drainage system.

 Shimla has a historic core surrounded by accretions that have come up over the years at a break-neck speed. The majority of accretions are the result of haphazard construction that leads to deplorable living constructions. The regulatory authority to people, all are responsible for this mess created in the city. People exceed all limits of avarice, regulators were sleeping and authorities never showed the spine to take stringent actions.

Slowly, but surely humans are sadly losing their relationship with nature. We hardly care for our rivers, forests, wildlife, environment, etc. We are constantly stretching them to their limits. It’s important we find the right balance to maintain sustainable growth. Development does come at a cost; however, development should never come at the cost of our beloved Mother Nature. This ban certainly provides us an opportunity to exonerate all of us from our past misdeeds. Now, the ball is in the government’s court and it would be interesting to see whether it succumb to the vote bank politics or show some spine to implement the order. Mother Nature deserves better!