Need to maintain balance between development and environment: SC
New Delhi (PTI): The Supreme Court has emphasised the need for maintaining a balance between development and environment, and said it would hear a matter relating to the Shimla Development Plan on August 11.
The Himachal Pradesh government notified the draft Shimla Development Plan last month to regulate construction activities there.
A plea pertaining to the issue came up for hearing before a bench of Justices B R Gavai and J B Pardiwala on Friday.
The bench said it would examine the plan, keeping in view that a balance needs to be maintained between development and environment.
It listed the matter for hearing on August 11.
The top court was hearing a plea arising out of a November 2017 order of the National Green Tribunal (NGT), which had passed a slew of directions while noting that unplanned and indiscriminate development in the core, non-core, green and rural areas within the Shimla planning area had given rise to serious environmental and ecological concerns.
The plan was approved by the previous state government in February 2022, but it did not materialise as the NGT had passed stay orders, terming it illegal and in conflict with earlier orders passed in 2017 to regulate haphazard constructions in Shimla.
On May 3 this year, the apex court was informed that on account of the directions issued by the NGT, the final development plan, which was at the stage of "draft notification", could not be published.
The state had informed the top court that 97 objections were received to the draft development plan.
"In light of the facts and circumstances of these cases, we find that it will be appropriate that the state government decides on the objections received to the draft development plan and after considering the same, issue a final development plan," the court had said in its May 3 order.
"We, therefore, direct the state of Himachal Pradesh to consider the objections to the draft development plan, decide on them and publish the final development plan within a period of six weeks from today," it had said.
The top court had clarified that once the final development plan is published, it would not be implemented for a period of one month from the date of its publication.
The plan named "Vision 2041", when implemented, would pave the way for construction in 17 green belts with certain restrictions and also in the core area where construction activity was banned by the NGT.
Detailed guidelines regarding the number of stories, parking, attic and height of structures have been mentioned in the plan and it has been clearly stated that felling trees would not be permitted in the green areas.
The state government has already decided to declare the attic as a habitable area and increase its height to 3.5 metres.
Construction of one storey with a habitable attic would be permissible in the 17 green belts. Two stories with a habitable attic and parking in core areas and three stories with parking and a habitable attic in non-core areas would also be permissible.
A total of 22,450 hectares were taken into account for revision and formulation of the development plan that includes the Municipal Corporation, Shimla, the Special Area Development Authorities of Kufri, Shoghi and Ghanahatti Special Area and Additional Shimla Planning Area and additional villages.
The plan, among other things, proposes developing Jubbarhatti and Ghandal as activity-based counter-magnet towns with a provision for adequate urban amenities, such as for education, health, trade and commerce.
According to the plan, satellite townships have to be developed in Ghandal, Fagu, Naldehra and the Chamiyana area, near the four-lane bypass, to decongest the core area and cope with more population and commercial activities.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Thane court sentences man to life imprisonment for bludgeoning wife to death
Thane (PTI): A court in Maharashtra's Thane district sentenced a man to life imprisonment for the brutal murder of his wife, whom he attacked 22 times with a hammer in front of his children, based on the testimony of his 13-year-old daughter.
Principal district and sessions judge S B Agrawal found the accused, Vijay Mishra alias Samir Shaikh, guilty under sections 302 (murder) and 324 (voluntarily causing hurt by dangerous weapons) of the Indian Penal Code (IPC).
The court sentenced him to life imprisonment and a three-year term to be served concurrently. It also imposed a fine of Rs 1 lakh for the murder charge and an additional Rs 10,000 for injuring his minor daughter and mother-in-law, who had tried to intervene during the fatal attack.
Additional public prosecutor Rashmi Kshirsagar informed that 11 prosecution witnesses, including the accused's daughter, were examined during the trial.
According to the prosecution, the victim, Zarin Israr Ansari, had been living with her mother, along with her daughter and a six-year-old son, for two years following prolonged domestic violence and disputes.
The accused, who had converted to Islam to marry Zarin 14 years prior, harboured deep resentment over her living separately and suspected her character.
On the afternoon of September 28, 2023, the accused stormed into his mother-in-law's residence in Mumbra with a hammer concealed in a bag, cornered his wife on the mezzanine floor, dragged her down, locked the main door, and repeatedly bludgeoned her.
The court defended the testimony of the victim's 13-year-old daughter, who was an eyewitness and had sustained injuries herself, noting that minor inconsistencies do not degrade the core truth of an innocent child's account:
"...they are not of any significant consequence since it is not expected from such a witness of 10 years of age to have a total photographic memory to be reproduced before the court. But as far as the incident is concerned, evidence of this witness is totally free from any reasonable doubt."
The prosecution had also stated that the accused had locked his family inside and threatened a neighbour by brandishing a "bomb-like thing" and declaring he would blow up the building if anyone intervened.
The victim's brother eventually broke down the latched door, disarmed the accused, and pinned him down until the police arrived.
The post-mortem report revealed that the victim had suffered 22 brutal injuries and had died due to severe head wounds.
