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The Curse of NGT Judgment – Undoing of Urban Planning
Shimla– An old ‘common law’ proverb from the British era says “A man’s house is his castle, et Domus sua cuique est tutissimum refugium [and each man’s home is his safest refuge]”. This principle, which needs to be strengthened in a free country, is sadly in shambles and perhaps held more truth in the colonial times than it holds now. The level of insecurity a man has with respect to the ownership or for making improvements in his living space/house or building is increasing day by day because of unreasoned judgments of Courts or illogical executive dictates.
In these series of articles (1,2 & 3), the impact of various laws and judgments which have essentially worked for depriving the common citizens in the State of H.P, of their ‘Right to Property” will be critically examined.
This article is aimed at academically discussing and pointing out the perversity and manifest errors in the ‘NGT Judgement’ which was passed on November 16, 2017. The judgment banned all construction activities in the green and core areas and also within 3 meters from national highways. It also restricted the number of stories to two-and-a-half in other areas where construction was permitted to up to 4 to 5 stories.
THE UNHEARD VICTIMS
The Order adversely affects many different categories of people. For instance, a person who has a sanctioned plan in accordance with TCP Law/By-Laws/Rules, who had saved his ‘life savings’ for the construction of his house, is now stuck in limbo, having done nothing wrong. If a man had the approval and sanctioned plan of ‘four and a half story’ building, which was permitted under TCP law, he is now told that he cannot construct the house in accordance with that initial sanction.
Another man who has his sole plot/property in the core area is prevented from doing anything with it, though he may have buildings on either side of his plot. The significance of the initial sanction and the mandate of the Town and Country Planning Act is bypassed by the Hon’ble Tribunal which is not even competent to decide the matter under such Laws (TCP Act/ MC Act). To add insult to injury, such persons are not even heard or paid compensation before they are so monumentally impacted by the decision.
The Constitution makers bestowed right on every citizen of the country to acquire, hold and dispose of property and also provided ample safeguards against deprivation of the property by confining such deprivation only on payment of compensation to the expropriated owner. As such, the judgment is against the spirit of Article 300-A of the Indian Constitution.
IMPACTING DEVELOPMENT BY ABSURD AND BLANKET DIRECTION
1. Around 52 ‘Shimla Smart City Projects’, which aim at improving the infrastructural base of the city, are directly impacted by this judgment and are stalled. Such a wide impact of this blanket direction neither can be conceived nor can be expected to be implemented if the city has to grow. Further, such powers were never envisaged under the NGT Act which creates the Hon’ble Tribunal.
2. Another blanket and absurd direction is where the judgment prohibits new construction of any kind, i.e. residential, institutional and commercial in any part of the core area as defined under the various notifications issued under the Interim Development Plan as well by the State Government.
According to the standing laws of the State, the reconstruction in the green areas is permissible on old lines and construction in the core area with the permission of the State Government is also permissible, as per the existing laws (Notification/Statutes). If someone’s house is falling or has become structurally unsafe he should obviously be allowed to reconstruct on old lines, but this is also prevented as a consequence of these directions. The tribunal has not quashed the relevant notifications which deal with this issue and has said something completely contrary to the existing laws. Now the situation is that we have two sets of laws, which are completely opposite to each other. The Tribunal doesn’t have the power to quash these laws nor interpret them.
3. The most Absurd direction is where the judgment says that beyond core, green and the areas falling within the authorities of the Shimla Planning Area, the constructions may be permitted strictly but not beyond two stories plus attic floor.
According to the law of the land, the construction in the core areas is being regulated by the provisions of the Interim Development Plan for Shimla as amended vide notification dated 28th June’ 2016, which clearly provides that the construction in the core area of Shimla is not story-based but is based upon the maximum floor area ratio and the maximum height of the building which is 1.50 to 1.75 & 21 meters respectively. Similarly, in the non-core areas of Shimla, the maximum floor area ratio is 1.75 & the maximum height of the building is 21 meters. Since the provisions of the Interim Development Plan for Shimla are still in operation, the same are now in conflict with the directions imparted by the Hon’ble Tribunal.
Traumatizing & Patent Illegality of the Judgement
There are numerous errors in the said judgment of the Hon’ble Tribunal, some are legal errors and others are factual errors. The judgment not only enters into a field which is outside its purview, but it also gives a shortsighted vision of its own in the matters of planning and development without comprehending the complexity of the factual problems which exists on the ground.
Though there are many flaws in the judgment, in this first article of the series, some of them have been enumerated as follows:
Firstly, the judgment dated 16.11.2017 has been passed in violation of the principles of natural justice and without giving an opportunity of being heard to those persons who stand adversely affected. The principles of natural justice concern procedural fairness and ensure a fair decision is reached by an objective decision-maker. Maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process. Right of being heard is a right given to those parties who will be adversely affected by the decision. This right is a backbone for a ‘Fair Trial’. Such an important aspect of the judicial proceeding is missing in this case. Numerous persons whose property rights have been taken away have not been heard until now. The judgment should fall on this ground alone.
Secondly, the Tribunal is not even competent, or in other words, has the necessary jurisdiction to hear or decide matters relating to TCP Act or Municipal Corporation Act. The Tribunal is specifically established for matters which relate to ‘Environment’ and laws/Acts which deal with the protection of the same for e.g Environment Protection Act, Water Act, Air Act, etc. The tribunal certainly cannot be expected to interpret TCP Act and MC Act or bypass the mandate of Article 300 A and deprive persons of their houses or stop future government projects which are necessary for effectively implementing State policies.
Thirdly A peculiar problem which has arisen right now is that ‘Town and Country Planning Act’ provisions are not struck down and NGT judgment, which is saying something completely opposite, also stands. It is a rule of thumb that when the Courts have to disagree with a statuary provision for being unconstitutional etc., they will either quash it or read it down. NGT has done none of it, nor it could have done anything in this respect since these two acts are outside its jurisdiction. These acts fall within the jurisdiction of the Hon’ble High Court or the Hon’ble Apex Court.
When the law of the land has not been quashed or struck down, it obviously means that it is still the law of the land and has to be implemented. The judgment seems to be more on the lines of guidelines rather being a dictate or laying down an authoritative pronouncement.
Another fundamental flaw in the judgment is that the Tribunal has travelled way beyond the petition/application and what was prayed by the Applicant who approached it. The Courts, as a rule of practice, are limited to the pleadings which are filed before it, in this case, the Hon’ble Tribunal has gone far beyond the petition which it was deciding. The phrase ‘knight roaming in a shining armour’ is apt for this judgment. Here, the Court has set out to make right all the problems and evils of the State and has done future planning both for urban and rural areas and for the lakhs of inhabitants of such areas.
An important principle which has been forgotten in these blanket directions is ‘Actus curiae neminem gravabit’. The act of the Court shall prejudice no man. (Cumber v. Wane, i Sm. L. C. i ith ed. p. 338.)’. The number of people who have been condemned unheard is astoundingly large. The livelihood of thousands is at stake, the development of the urban and rural areas of the State is at stake. These people are not criminals, these development plans are not out of the ordinary rather are a necessity for a growing city. The development plans have rightly been drawn by the competent authority under a well-established law. If the law is ‘common sense’ then this sense demands that these directions need a relook. If a law makes lakhs of people in the State as lawbreakers than there is something wrong with the law itself.
Right to Shelter, Challenges of Providing Housing to the Growing Population
It must be remembered that if everyone is compelled to make two and a half stories or not construct on vacant plots, it would lead to scarcity of housing or it would lead to cutting down of more trees as more land/surface area would be required to construct such houses. To sustain the growing population 4 to 5 storied buildings which if found structurally safe and not impacting the environment were perfectly reasonable and rightly allowed by the TCP/MC laws.
Right to shelter is a fundamental right and right of people to move from rural to urban areas is also a basic right. Both these rights stand defeated if these directions are not quashed. Housing will just become more and more expensive and out of the reach of poor and middle-class families. Old structures won’t be reconstructed, no new constructions will be raised, and no new Government projects can come up. The view of main Shimla town apart from Mall Road, which looks like a ghetto, will always remain like a ghetto.
In case of an earthquake, the chances of survival of the ‘High Court building’ (7 stories) and the ‘Cecil Hotel’ building (9 stories) are way more than the two-storied buildings of Shimla’s lower bazaar /middle bazaar. The point is that Morden technology and latest techniques of construction allow us to provide structurally safer buildings than what we had in the past. Further, they can also sustain more population in less surface area of land and fulfil a huge public purpose by doing so. The height of buildings as provided in municipal and TCP laws in accordance with floor to height ratio were reasonably arrived at by the competent authority. The Courts certainly are not equipped nor are expected to venture into this area which is outside their powers and tell us ‘how many stories can be built’, it is certainly the domain of the executive as they have experts with them and also have a better grasp of the ground reality (At least in theory).
The cost of such broad-ranging directions and ideas is very high – particularly on Shimla Town and its housing, making the cost of living and doing business costly and hurting the local enterprises, and thereby, shifting the planned outcomes into a different direction concerning economic opportunities. The focus of the planning approach has to shift from ‘development restricting’ approach toward ‘development enabling’ approach and it requires finalization of the Developmental plan for the city. It is extremely surprising that Shimla City does not have a final development plan in place to date (this will be discussed elaborately in future articles).
There are numerous other directions and issues relating to the final development plan and some arbitrary TCP Rules such a “non-inhabitable attics, no single-window clearances and the power of the babus to extort money in the passing of plans etc which will be critically examined in the next article.
(The post was first published in https://lawumbrella.wordpress.com/ )
Disclaimer: The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the Himachal Watcher.
Shimla—A quiet but worrying crisis is unfolding in Himachal Pradesh. Across several districts, traders, hoteliers, and restaurant owners are reporting a sharp shortage of commercial LPG cylinders, leaving many establishments with barely a few days’ supply. In a state where tourism drives the local economy, disruptions in cooking fuel supply can quickly escalate into a wider economic concern.
Local reports indicate the shortage is already affecting hospitality businesses. Traders in Shimla have warned that commercial gas stocks may last only a couple of days if fresh deliveries do not arrive soon, according to a report by Amar Ujala. Restaurant owners have echoed similar concerns in Solan and nearby tourist towns, where businesses fear that kitchens may soon struggle to operate without regular supplies, as reported by Dainik Jagran.
At first glance, the shortage appears to be a regional supply bottleneck. In reality, the problem is tied to wider disruptions in global energy markets triggered by the ongoing tensions in West Asia.
Tourism economy vulnerable to fuel disruption
Himachal Pradesh’s tourism sector relies heavily on thousands of small and medium establishments—restaurants, cafés, dhabas, and hotels. Unlike large metropolitan areas where piped natural gas networks are expanding, most commercial kitchens in the hill state still depend almost entirely on LPG cylinders.
This dependence makes the sector particularly vulnerable. Even short supply disruptions can force restaurants to reduce operations, limit menus, or temporarily shut down.
Industry bodies across India have already sounded the alarm. Restaurant operators have warned that continued supply disruptions could lead to closures across the sector. For a tourism-driven state like Himachal Pradesh, such disruptions can ripple through the wider economy.
The global trigger: instability in West Asia
The roots of the crisis lie thousands of kilometers away. The conflict involving the United States and Iran has begun affecting energy markets and shipping routes in the Gulf region.
A key concern is the Strait of Hormuz, one of the world’s most important energy corridors through which a large share of global oil and LPG shipments pass. India’s dependence on this route is substantial. Energy analysts estimate that a majority of India’s LPG imports originate from Gulf countries and move through this narrow maritime passage, as noted in a report by The New Indian Express.
Any instability in the region immediately affects supply chains. Shipping risks rise, insurance premiums increase, and cargo movement slows. These pressures eventually filter down to domestic markets.
Recent reports have also linked rising LPG prices and supply concerns to the Middle East crisis, with consumers expressing worry about the impact of the conflict on cooking gas costs, according to ANI News.
Domestic prioritisation, commercial shortage
When supplies tighten, governments typically prioritise household consumption. Domestic LPG cylinders are considered essential for daily cooking, and maintaining their availability becomes a policy priority.
However, this often leaves commercial users facing reduced allocations. Restaurants and hotels depend almost entirely on commercial cylinders, which are distributed through a separate supply channel.
In response to the emerging supply concerns, the government has reportedly taken steps to ensure adequate domestic availability of LPG, including directing refiners to increase production and manage distribution more closely, as reported by The Economic Times.
While such measures protect households, they can intensify shortages for commercial establishments.
Geography amplifies the problem
Himachal Pradesh faces additional logistical challenges. LPG cylinders used in the state are largely transported from bottling plants located outside its borders. Moving these supplies across mountainous terrain involves long supply chains and limited transport routes.
When upstream deliveries slow down—whether at ports, refineries, or bottling plants—the impact reaches hill towns more quickly and more sharply.
At the same time, alternatives remain limited. Large-scale piped gas networks are rare in the state, and many commercial kitchens lack the electrical capacity required for high-energy cooking equipment.
A warning for energy resilience
The emerging LPG shortage in Himachal Pradesh is more than a temporary supply issue. It highlights a deeper vulnerability in India’s energy system—heavy dependence on imported fuel and fragile supply chains exposed to geopolitical shocks.
For a café owner in Shimla or a hotel operator in Manali, the geopolitics of West Asia may seem distant. Yet the current situation demonstrates how closely global energy flows are tied to local economies.
A disruption in the Persian Gulf can slow tanker shipments, delay fuel supplies at Indian ports, disrupt distribution networks—and ultimately affect the availability of cooking gas in a Himalayan kitchen.
As the situation evolves, the hope in Himachal Pradesh is that supply lines stabilise quickly. But the episode offers a clear lesson: in an interconnected world, even the quiet kitchens of the mountains are not insulated from global conflict.
Mandi|July 11, 2025 — In the lap of the Himalayas, nestled among deodar forests and flowing streams, the district of Mandi has long stood as a symbol of Himachal’s tranquil beauty. But in the monsoon of 2025, that tranquillity was shattered — not by nature alone, but by a deadly combination of climate extremes, administrative apathy, and long-ignored warnings.
This year’s monsoon came not as a nurturing rain, but as a devastating deluge. What began in late June as a forecasted spell of heavy rainfall turned into one of the deadliest natural disasters in recent memory for Himachal Pradesh. And no place bore the brunt quite like Mandi.
The Collapse of Safety
Between June 20 and July 10, the state witnessed 91 rain-related deaths, out of which 17 occurred in Mandi district alone, making it the hardest-hit region according to the State Disaster Management Authority. More than 750 homes were completely destroyed, and another 880 partially damaged, while 10 bridges, multiple roads, and entire stretches of power and water infrastructure were washed away. In just 21 days, the estimated damage statewide crossed ₹750 crore.
The primary culprits? Landslides, cloudbursts, and flash floods — many of which occurred in the dead of night, catching villagers off guard.
In Siyathi village, 67 lives were saved not by sirens or warning systems, but by a dog’s bark. A resident, Narendra, told media:
“It was midnight. We were sleeping. Suddenly the dog began barking non-stop. We ran out. Within minutes, the entire hillside collapsed and our homes were buried.”
The dog, unnamed but hailed as a hero, became a symbol of what worked in a place where institutional response did not.
A Night of Heroes in Deji Village
In nearby Deji, two college students — Ronid Pundir and Sahil Thakur — from Thunag Horticulture College became real-life saviours. When a sudden cloudburst triggered a flash flood in the dead of night, the duo ran from house to house, waking families and helping them escape. Their actions helped evacuate over 150 people.
“We didn’t think twice. We just saw the water rising and started pulling people out,” Ronid told the media.
Despite such moments of courage, the tragedy left deep scars. In many parts of Seraj, Karsog, and Sundernagar subdivisions, residents reported that local authorities failed to respond in time. Emergency shelters were ill-equipped. In remote hamlets, stranded families waited hours, sometimes days, for rescue.
A Failure of Planning, Not Just Weather
Himachal’s vulnerability to extreme weather is well known. Yet critics argue that poor land use planning, unregulated construction near rivers, and unsafe road-cutting practices have greatly magnified the disaster’s impact.
Geologists and environmentalists have warned for years that road expansion projects and large-scale deforestation in hill regions have weakened slope stability. In many places, construction has occurred dangerously close to water channels, despite repeated advisories.
This time, the warnings played out in real-time — with mud, stone, and entire homes tumbling into ravines.
Government Response: Promises and Limitations
Chief Minister Sukhvinder Singh Sukhu visited the worst-affected villages, including Baga, Syanj, and Panglyur, personally distributing relief materials and speaking with the victims.
“No family should feel alone. The state stands with you,” he said during a relief camp visit.
The state government announced ₹7 lakh in compensation per fully destroyed house, and temporary shelters for displaced families. In contrast, the central government’s compensation — capped at ₹1.3 lakh — has drawn criticism from state ministers and the public alike.
Revenue Minister Jagat Singh Negi remarked:
“What we’re getting from the Centre is insufficient. Our people are suffering. We need stronger, faster support.”
A Glimpse into the Future
Perhaps the most chilling aspect of this disaster is that it may be only the beginning. Scientists warn that climate change is accelerating the frequency and intensity of such events in the Himalayas. Increased temperatures are destabilizing glaciers. Erratic rainfall patterns are overwhelming natural drainage systems.
Experts now call for a complete reassessment of infrastructure policy in Himachal — including bans on construction near rivers, better slope-stabilization in road projects, and improved early warning systems for landslides and flash floods.
“What’s happening is not natural anymore,” said a climate scientist from IIT Mandi. “It’s a man-made disaster wrapped in nature’s disguise.”
Beyond Numbers: The Lives Left Behind
In the hills of Mandi, statistics cannot capture the grief. Each day, as clouds gather, a quiet anxiety grips the village once more.
Shimla– In times of conflict, journalism must rise to its noblest purpose: truth, accountability, and responsibility. And yet, as India and Pakistan faced off once again across borders—bullets flying, lives lost, families shattered—a section of the Indian media turned tragedy into theatre.
From the moment reports of cross-border attacks surfaced, several primetime news anchors transformed their studios into shrill war rooms. Not to inform, but to inflame. Graphic war music, animated explosions, ticker tapes screaming “BREAKING”—the spectacle began. As soldiers bled on the border, TV screens bled hyperbole.
The most damning criticism did not come from adversaries but from global media observers. The BBC described Indian news channels’ coverage as “jingoistic and unhinged”. Al Jazeera and The Guardian echoed similar sentiments, noting how unverified reports, doctored videos, and belligerent studio debates replaced sober reportage.
Anchors, who had never seen a trench or a frontline, banged desks demanding military action. Unconfirmed reports were aired without attribution. Words like “annihilation,” “revenge,” and “surgical strike 2.0” were thrown around with theatrical bravado. There was no time to pause for facts. There was no room for nuance. There was only TRP.
The absurdity reached its peak when a few channels aired animations of fighter jets with triumphant music. Meanwhile, real families were burying their dead – soldiers and civilians alike.
In this chaos, journalism died a quiet death.
Media as Vultures
The metaphor is tragically apt. These channels, masquerading as patriots, behaved like vultures—circling the battlefield, feeding off the dead for ratings. Their hunger wasn’t for truth, but for viewership. They amplified hatred, dismissed dissent, and turned war into primetime entertainment.
And in doing so, they embarrassed India, not just at home but before the world.
The Cost of Sensationalism
When media loses its spine, democracy loses its mirror. The consequence is not just embarrassment—it’s danger. Misinformation in wartime can escalate conflict, trigger communal unrest, and mislead policymakers. A responsible media can cool tensions. An irresponsible one can fan the flames.
We must ask: Where is the human cost of war—the widows, the orphans, the destroyed homes? Where is the perspective from peace-builders, historians, and diplomats? Journalism is not supposed to echo government talking points—it is supposed to hold power to account, especially in wartime.
What Needs to Change
The Press Council of India, the News Broadcasting & Digital Standards Authority (NBDSA), and civil society must take stronger action against media outlets that violate ethical standards. Viewers too must switch off noise in favor of news. The Indian media must remember that its loyalty is to truth—not to war, not to government, and certainly not to TRP.
War is not a spectacle. Soldiers are not content. And journalism is not war-mongering.
It is time Indian newsrooms return to their core duty: informing citizens with accuracy, dignity, and humanity.
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Monsoon 2025: Himachal Pradesh Suffers 199 Casualties, Over ₹1,905.50 Cr in Damages
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