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Supreme Court of India 2021-01-12 disposed

Himachal Pradesh Bus Stand Management and Development Authority (HPBSM&DA) vs Central Empowered Committee etc. & Ors

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

A statutory authority (HPBSM&DA) and a private contractor illegally constructed a commercial hotel-cum-restaurant complex on forest land in Himachal Pradesh beyond the scope of environmental clearance which permitted only a parking space and bus stand. The Ministry of Environment and Forests had explicitly rejected a request to change the permitted land use. The National Green Tribunal ordered demolition; the Supreme Court affirmed this, establishing that environmental laws require strict compliance and illegal construction cannot be legalized post facto regardless of economic benefits or public utility. The Court upheld the principle of environmental rule of law and directed the hotel structure's demolition within one month, with the land reverting to its authorized use only.

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Environmental Law Forest Conservation Administrative Law Environmental Rule of Law Natural Resources

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