Smart City project: HC notice to Centre, Himachal on forest clearance

Vijay Arora

Shimla, July 28

The High Court today issued notices to the Central and state government, Municipal Corporation, Shimla and Shimla Smart City Mission in the matter regarding grant of forest clearance for Shimla Smart City Project.

While issuing notices, the court also directed a division bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed these orders on a petition filed by Namita Maniktala contending therein that Shimla town is facing traffic hazards and various other problems pertaining to the pedestrians and commissioning of these projects is intimately connected with the right to life of the residents of Shimla.

The petitioner has alleged that a news item dated 22, June, 2021 was published in the newspaper “The Tribune” under the title “Key Shimla projects delayed, forest clearance awaited”, the gist of which was that some of the developmental projects, which were required to be undertaken as part of Smart City Project, were held up for want of forest clearance under the Forest Conservation Act.

The petitioner has contended that Smart City Projects include the Lift and an escalator at Lakkar Bazar, escalator to Jakhu Top, smart path from Sanjauli to Indira Gandhi Medical College, Shimla, vending zone in Khalini, Krishna Nagar-Combermere Nallah and widening of work in the Dhalli area.

The petitioner has alleged that these projects are being funded under the Smart City Missions of the Government of India and the lapse of deadline for completion of these projects would cause irreparable loss. In case the same is not processed and decided, the funding for these vital projects may also lapse.

She has further alleged that as the deadline for completion of these projects would be ending next year, the applications for grant of forest clearance under the Forest Conservation Act are required to be considered expeditiously by the Central government.

Treating this petition as Public Interest Litigation, the court further directed the government authorities to file replies within a period of four weeks.