Judgement of the Supreme Court regarding an illegal structure at the bus stand complex, McLeod Ganj, Himachal Pradesh, 12/01/2021

Judgement of the Supreme Court in the matter of Himachal Pradesh Bus Stand Management and Development Authority (HPBSM&DA) Vs The Central Empowered Committee Etc. & Others dated 12/01/2021.

The civil appeals in the case arise under Section 22 of the National Green Tribunal Act, 2010. The correctness of a judgment and order dated 4 May 2016 of the NGT was in issue. The NGT dealt with an original application filed to challenge a report dated 18 September 2008 of the Central Empowered Committee (CEC).

In the report, the CEC said that a part of the Bus Stand Complex constructed by the Himachal Pradesh Bus Stand Management and Development Authority at McLeod Ganj in Himachal Pradesh violated the provisions of the Forest (Conservation) Act, 1980. The CEC recommended the demolition of the illegal portions.

The NGT accepted the findings of the CEC, observing that the Bus Stand Complex seriously disturbed the ecology of the area in which it has been constructed. The SC upheld the directions issued by the NGT in its judgement. The SC directed that the process of demolishing the Hotel-cum Restaurant structure in the Bus Stand Complex be commenced within two weeks from the date of the judgment and the structure must be demolished within one month thereafter.