Forest Act

Held,

McLeod Ganj - The construction of the Hotel-cum-Restaurant structure in the Bus Stand Complex is illegal and constitutes a brazen violation of law - The permission which was granted by Union Ministry of Environment and Forests only for construction of a 'parking place' at McLeod Ganj - Similarly, the permission granted on 1 March 2001 was granted for constructing a 'bus stand' in the same area - At no point was any permission granted for the construction of a hotel or commercial structure - The appellant, on being granted permission to engage in construction for a specified purpose, unlawfully utilised that permission as the basis to construct a different structure which was not authorized - It has done so in disregard of the provisions of the Forest Act - The construction of the Hotel-cum-Restaurant structure is entirely illegal, having been carried out in clear breach of this mandatory statutory stipulation. That officials of statutory bodies of the State Government have connived at the violation of law is a reflection on the nature of governance by those who are expected to act within the bounds of law. #2021 SCeJ 073 [Para 41, 42]

. NGT acted within its mandate in a case of this nature, where the appellant actively allowed the perpetration of a structure in breach of environmental norms. Not looking askance at the construction of the Hotel-cum-Restaurant structure, in an area which the NGT rightly describes as the "lap of nature", will put us on the path of judicially sanctioned environmental destruction. [Para 45]

The appellant has tried to argue against the demolition of the Hotel-cum-Restaurant structure in the Bus Stand Complex, submitting that it may be allowed to stand for their use. However, we cannot accept this submission. Doing so would legalise what is an otherwise entirely illegal construction. [Para 64]