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Supreme Court of India 2021-01-12 disposed

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

Bench: 3 — Dr. Dhananjaya Y Chandrachud, Indu Malhotra, Indira Banerjee

In Brief

The Supreme Court upheld the National Green Tribunal's judgment ordering demolition of an illegally constructed Hotel-cum-Restaurant structure within a Bus Stand Complex in McLeod Ganj, Himachal Pradesh. Although the Ministry of Environment and Forests had permitted diversion of forest land for a parking space and bus stand, no permission was granted for the hotel and commercial structure. Despite the Himachal Pradesh Bus Stand Authority's statutory powers, the Court held that the construction violated the Forest (Conservation) Act, 1980. The Court emphasized the importance of the environmental rule of law and directed demolition within one month, permitting only the originally authorized parking and bus stand facilities to operate thereafter.

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Environmental Law Forest Conservation Administrative Law Constitutional Law Environmental Rule of Law NGT Jurisdiction

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