SC stays NGT order on illegal structures in HP

New Delhi: 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.

“It appears to us that direction number 5 (of the NGT) is not in consonance with the directions issued by this court (SC) 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 direction number 5 in the order passed by NGT said, “With respect to unauthorised 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 regularise such structures beyond the sanctioned plan .... the same shall not be compounded or regularised 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.”

Senior advocate P S Patwalia, appointed as amicus curiae to assist the court in the matter, said the direction of the NGT virtually nullifies the decision of the apex court by regularising unauthorised construction. He also said that the said direction has wide ramifications as it also nullifies the judgment of the Himachal Pradesh High Court.