In Brief
The Supreme Court held that the National Green Tribunal exceeded its jurisdiction by directing the State of Himachal Pradesh to prepare its development plan for Shimla Planning Area in a particular manner. The Court found that drafting and approving development plans under the Himachal Pradesh Town & Country Planning Act constitutes delegated legislative power. No tribunal with limited jurisdiction can direct a delegated legislator how to exercise its legislative functions, just as courts cannot direct the legislature or executive on matters of policy. The NGT's orders banning construction in green belt and forest areas transgressed its limits. The Court balanced environmental concerns with development needs, noting the development plan included adequate safeguards. It also found that the NGT should not have continued proceedings while writ petitions were pending in the High Court, which has supervisory jurisdiction over the tribunal. The appeals were allowed and NGT orders quashed.
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