D. Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
Himachal Pradesh Bus Stand Management and Development Authority (HPBSM&DA) – Appellant
Versus
Central Empowered Committee Etc. – Respondent
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J.
This judgment has been divided into sections to facilitate analysis. They are:
A. The appeal
B. Previous orders of this Court
C. The history of the forest land
D. The construction of the Bus Stand Complex
E. Proceedings before the first respondent
F. Proceedings before the NGT
G. Report of the District and Sessions Judge, Kangra
H. Submissions of counsel
I. Analysis
I.1 Environmental rule of law
I.2 Role of courts in ensuring environmental protection
I.3 Illegal activities on forest land
I.4 Jurisdiction of NGT
J. Conclusion
A. The appeal
1. The civil appeals in the present case arise under Section 22 of the National Green Tribunal Act, 2010 ("NGT Act"). The correctness of a judgment and order dated 4 May 2016 of the National Green Tribunal ("NGT") is in issue.
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 appe
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