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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

The Supreme Court upheld the National Green Tribunal's order directing demolition of a Hotel-cum-Restaurant structure built as part of a bus stand complex on protected forest land in Himachal Pradesh. The forest land had been diverted only for a parking space and bus stand, but the appellant authority and contractor constructed unauthorized commercial and hotel facilities. The Court held that the Forest (Conservation) Act requires strict compliance with specific prior approvals for each non-forest use, and a general 'non-forest purpose' diversion cannot justify constructing different unauthorized structures. The decision reaffirmed the environmental rule of law framework, emphasizing that courts must strictly enforce environmental laws regardless of economic considerations.

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Environmental Law Forest Conservation Administrative Law Natural Resources Environmental Governance

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