The Supreme Court on Wednesday stayed a National Green Tribunal (NGT) direction allowing regularisation 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.
Next hearing in Jan.
“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.
Direction number 5
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 ₹5,000 per sq. ft. for exclusive self-occupied residential buildings and ₹10,000 per sq. ft. for commercial or residential-cum-commercial buildings.”
Development fund
The green panel had said that the compensation amount collected should be utilised 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 unauthorised construction.
He also said that the said direction has wide ramifications as it also nullifies the judgment of the Himachal Pradesh High Court.
Published - November 28, 2018 10:55 pm IST
