LAWS(SC)-2021-1-13

HIMACHAL PRADESH BUS STAND MANAGEMENT AND DEVELOPMENT AUTHORITY Vs. THE CENTRAL EMPOWERED COMMITTEE ETC. AND OTHERS

Decided On January 12, 2021
Himachal Pradesh Bus Stand Management And Development Authority Appellant
V/S
The Central Empowered Committee Etc. And Others Respondents

JUDGEMENT

(1.) This judgment has been divided into sections to facilitate analysis. They are:

(2.) The NGT dealt with an original application filed by the second respondent, who is also the appellant in companion Civil Appeal Nos. 5229-5230 of 2016, to challenge a report dated 18 September 2008 of the Central Empowered Committee ("CEC"), the first respondent. In its report, the CEC concluded, inter alia, that a part of the Bus Stand Complex constructed by the second respondent and the appellant at McLeod Ganj in Himachal Pradesh violates the provisions of the Forest (Conservation) Act, 1980 ("Forest Act"). The CEC recommended the demolition of the illegal portions.

(3.) The NGT accepted the findings of the CEC, observing that the Bus Stand Complex seriously disturbs the ecology of the area in which it has been constructed. The NGT directed, inter alia, that: