VidhiSangh

Supreme Court of India · 12/01/2021

HIMACHAL PRADESH BUS STAND MANAGEMENT AND DEVELOPMENT AUTHORITY (HPBSM & DA) versus THE CENTRAL EMPOWERED COMMITTEE ETC. & ORS.

[2021] 1 S.C.R. 344 · 2021 INSC 18

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Summary

The Court upheld NGT directions against a hotel-cum-restaurant built on forest land diverted only for parking and a bus stand. The original approvals did not authorise different commercial construction, and the Ministry had refused the change. Environmental rule of law required enforcement despite claimed economic benefits and uncertainty about quantifying ecological harm. Demolition was ordered on a specified schedule, while parking and bus-stand use could continue within the original approvals.

Issues

  1. Whether forest diversion for a parking space and bus stand authorised a hotel-cum-restaurant as an ancillary commercial facility.
  2. Whether claimed public benefits or lack of quantified environmental harm justified retention.
  3. Whether reference to planning-law violations undermined NGT jurisdiction.
  4. What demolition and subsequent-use directions were warranted.

Provisions considered

Held

Result

Appeals disposed of by upholding the NGT directions and ordering time-bound demolition, with default enforcement and restricted subsequent use of parking and bus-stand facilities.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 344.