STATE OF HIMACHAL PRADESH AND OTHERS versus YOGENDERA MOHAN SENGUPTA AND ANOTHER

Citation: [2024] 1 S.C.R. 973 · Decided: 11-01-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI, ARAVIND KUMAR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 26 · see the full citation network in Lexace

Judgment (excerpt)

* Author
[2024] 1 S.C.R. 973 : 2024 INSC 30
The State of Himachal Pradesh and Others 
v. 
Yogendera Mohan Sengupta and Another
(Civil Appeal Nos. 5348-5349 of 2019) 
With 
Transferred Case (C) No. 2 of 2023
11 January 2024
[B.R. Gavai* and Aravind Kumar, JJ.]
Issue for Consideration
What is the Legislative Scheme of the Himachal Pradesh Town 
& Country Planning Act, 1977 (TCP Act); What is the nature 
of functions/powers of the Authorities under Chapter-IV of the 
TCP Act; Whether the NGT could have issued directions to the 
legislative body to exercise its legislative functions in a particular 
manner; Whether observations in Para 47 of the Mantri Techzone 
Private Limited would operate as res judicata; Whether the NGT 
was justified in passing the order dated 14.10.2022 when the High 
Court was seized of the same issue during the pendency of Civil 
Writ Petition No.5960 of 2022; Balancing the need for Development 
and Protection of the Environment.
Headnotes
Himachal Pradesh Town & Country Planning Act, 1977 (TCP 
Act) – Legislative scheme of:
Held: The TCP Act has been enacted to make provision for planning 
and development and use of land; to make better provision for the 
preparation of development plans and sectoral plans with a view 
to ensuring that town planning schemes are made in a proper 
manner and their execution is made effective – It also provides 
for constitution of Town and Country Development Authority for 
proper implementation of town and country development plan – It 
also provides for development and administration of special areas 
through the Special Area Development Authority – Under Section 13 
of the TCP Act, the State Government is empowered to constitute 
planning areas for the purposes of the Act and define the limits 
thereof – Under Section 15 of the TCP Act, the Director is required 
to carry out the survey and prepare an existing land use map and, 
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[2024] 1 S.C.R.
Digital Supreme Court Reports
forthwith publish the same in such manner as may be prescribed 
together with public notice of the preparation of the map – It also 
provides for inviting objections and suggestions in writing from 
any person with respect thereto within thirty days from the date 
of publication of such notice – Section 15-A of the TCP Act deals 
with “Freezing of land use pending preparation of existing land 
use map u/s. 15(1)” – S.16 of the TCP Act deals with “Freezing 
of land use on the publication of the existing land use map u/s. 
15” – s.17(1) of the TCP Act deals with “Interim Development 
Plans” – The provisions of ss.18, 19 and 20 of the TCP Act deals 
with development plan, Publication of draft publication plan and 
sanction of development plan. [Paras 30-40]
Himachal Pradesh Town & Country Planning Act, 1977 – Nature 
of functions/powers of the Authorities under Chapter-IV of the 
TCP Act – The powers vested with the Director and the State 
Government are for enacting a piece of delegated legislation:
Held: Chapter-IV of the TCP Act is a complete code, providing 
for preparation of draft development plan, publication of draft 
development plan with a publication of its notice, inviting 
objections and suggestions, giving reasonable opportunity to all 
persons affected of being heard, making modifications in the draft 
development plan as may be considered necessary by the Director 
and thereafter submitting it to the State Government – Chapter-IV 
of the TCP Act provides for inviting objections and suggestions 
at two stages – Firstly, at the stage of Section 19 where the 
Director is required to invite objections and suggestions to the 
draft development plan and after giving an opportunity of being 
heard and considering the objections and suggestions, submit the 
development plan to the State Government – Under Section 20 
of the TCP Act, a second opportunity of making objections and 
suggestions has been provided – Again, the State Government is 
required to give an opportunity of hearing to such objectors before 
granting final approval to the development plan – A perusal of the 
scheme of the TCP Act and particularly Chapter-IV thereof would 
establish beyond doubt that the powers vested with the Director 
and the State Government are for enacting a piece of delegated 
legislation. [Para 45, 47] 
Administrative Law – Distinction between the legislative 
function and administrative function:
[2024] 1 S.C.R. 
975
The State of Himachal Pradesh and Others v.  
Yogendera Mohan Sengupta and

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