VidhiSangh

Supreme Court of India · 11/01/2024

STATE OF HIMACHAL PRADESH AND OTHERS versus YOGENDERA MOHAN SENGUPTA AND ANOTHER

[2024] 1 S.C.R. 973 · 2024 INSC 30

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The development-plan process under Chapter IV of the Himachal Pradesh Town and Country Planning Act is delegated legislation. The NGT could not dictate how the State and Director exercised that planning power, and it should not have ruled on the later draft plan while the High Court was seized of the dispute. The Court left open whether the NGT otherwise had jurisdiction over the planning dispute.

Issues

  1. Whether the NGT could direct the State and the Director to prepare and finalize a development plan with specific restrictions, where the Town and Country Planning Act assigns them delegated legislative functions.
  2. Whether the NGT could decide a challenge to the draft development plan while the High Court was already seized of the same dispute.
  3. Whether the planning dispute arose from an enactment listed in Schedule I to the NGT Act and was within the NGT’s subject-matter jurisdiction.

Provisions considered

Held

Result

The civil appeals and transferred case were allowed. The NGT’s orders of 16 November 2017, 16 July 2018, 12 May 2022 and 14 October 2022 were set aside. The State and its instrumentalities were permitted to implement the development plan published on 20 June 2023, subject to the Court’s observations. The NGT’s subject-matter jurisdiction was left open. No costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 973.