State of Himachal Pradesh And Others Vs Yogendera Mohan Sengupta And Another (Supreme Court of India)
Summary: The Supreme Court allowed Civil Appeal Nos. 5348-5349 of 2019 and Transferred Case (C) No. 2 of 2023 concerning the Shimla Planning Area (SPA), the Himachal Pradesh Town & Country Planning Act, 1977 (TCP Act), and orders passed by the National Green Tribunal (NGT). The dispute arose from the NGT’s order dated 16th November 2017 in OA No. 121 of 2014, its review order dated 16th July 2018, and subsequent proceedings concerning the draft development plan for 22,450 hectares of SPA. The NGT had imposed restrictions on construction and directed the State to finalise the development plan in a prescribed manner. The State challenged those directions, contending, inter alia, that preparation and approval of the development plan under Sections 13 to 20 of the TCP Act constituted delegated legislative functions.
The Supreme Court examined the legislative scheme of the TCP Act and held that preparation, finalisation and approval of the development plan constitute exercise of delegated legislative power. Referring to principles concerning separation of powers and the limits of judicial review, the Court held that neither constitutional courts nor a statutory tribunal could direct a legislature or its delegatee to enact legislation or subordinate legislation in a particular manner. The Court accordingly held that the first NGT order had transgressed its limitations by imposing fetters on the powers delegated under the TCP Act.
