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HC quashes Dharamshala’s Smart City push

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By Tenzin Monlam

DHARAMSHALA, December 19: The city of Dharamshala’s bid to be the only smart city from Himachal received a major setback as the Himachal Pradesh High Court on Friday decided to nullify and overturn the centre’s decision to include Dharamshala in the Smart City Mission.

Acting on a petition filed by the Shimla Mayor Sanjay Chauhan, who alleged that the Sudhir Sharma, state’s Minister of Urban Development, had allegedly ‘fudged’ the facts to favor Dharamshala over Shimla, the High Court passed the judgment.

The HC’s 90-page order passed by a division bench consisting of Justice Rajiv Sharma and Justice Sureshwar Thakur termed the move as “arbitrary, unreasonable, capricious and irrational” and “done in a hush-hush” manner, taking strong exception to the role of the bureaucracy, which it said had failed to exercise its powers in the larger public interest. The court also quashed proceedings of the steering committee as void.

The court gave two weeks’ time to the state to commence a fresh evaluation of the urban towns, including Shimla and Dharamshala, and recommended a ‘fair and just decision’.

However, Sudhir Sharma today denied any fudging of data and highlighted that the city won the selection into Smart City Mission ‘fairly’.

“The decision on eligibility of Dharamshala being smart city was based on self-assessment score of each city which competed for the project. Shimla scored 85 points on the basis of a fair assessment but Dharamshala had 87.5 points out of a total of 100 on performance graph of the services. So where is the scope to fudge the data?” said Sharma.

The market place in the upper and lower Dharamshala today remained shut till noon as a form of protest against the HC’s decision, which has hurt Dharamshala’s chance of becoming the first smart city of the state.

Sudhir Sharma said that his team would consult the HC’s ruling with the legal department and if needed, would approach the Supreme Court. He also conveyed that they are willing to send Shimla’s case if the Centre agrees to include a second smart city in the state.

Shimla’s Mayor Sanjay Chauhan said, “The corporation has a draft plan ready and if we can fight it legally, our options are also open. Shimla as a smart city will be a global case study.”

Home of the Tibetan exiled spiritual leader His Holiness the Dalai Lama for over fifty years, Dharamshala has become an international tourist destination.

He suggested the Himachal Smart City Team to ensure public safety by building earthquake-proof infrastructures, promote communal harmony, wholesome development of both city and rural areas. He also recommended rainwater harvesting as the ‘smart step’ for the future.

“As an elderly man who has lived in Dharamshala happily and in ease and comfort for over 55 years I appreciate your plan to turn Dharamshala into a smart city and pray for the fulfillment of your goal as desired,” His Holiness wrote in a letter to the Himachal Smart City Team on Dec. 4.

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