Kasauli illegal structures: SC stays NGT’S order

NEWDELHI: The Supreme Court on Wednesday stayed a National Green Tribunal (NGT) direction allowing regularisation of unauthorised structures in Kasauli in Himachal Pradesh, after paying environmental compensation.

A bench of justices M B Lokur, S Abdul Nazeer and Deepak Gupta said 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 green panel had said the compensation collected should be utilised for development of environment and kept in a separate account.

At the outset, senior advocate P S Patwalia, appointed as amicus curiae, said the direction of the NGT virtually nullifies the decision of the apex court by regularising unauthorised construction.

He added that the direction has wide ramifications as it “nullifies the judgment” of the HC. Referring to the status report filed by HP government, Patwalia said an expert committee said there were problems of water facilities and Kasauli has already exceeded its carrying capacity.