(T.S. Thakur, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Himachal Pradesh Bus Stand Management and Development Authority (HPBSM&DA) ____________________________________ Appellant;
v.
Central Emowered Committee and Another ___________ Respondent(s).
I.A. No. 3-4/2016 In Civil Appeal No. 5231-5232/2016, decided on September 9, 2016
With
C.A. No. 5229-5230/2016
(With (With appln.(s) for stay and appln.(s) for exemption from filing c/c of the impugned judgment and Office Report) I.A. No. 3-4/2016; Civil Appeal No. 5231-5232/2016; and C.A. No. 5229-5230/2016
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties at some length who have taken us through the impugned order1 and related documents. We are of the view that while order dated 16-5-20162 can continue so far as it stays the demolition of the hotel and restaurant, there is no need to continue the stay of the inquiry directed by the National Green Tribunal, New Delhi, which can be allowed to continue with the modification that the said inquiry shall now be completed by the District and Sessions Judge, Kangara in the State of Himachal Pradesh within whose jurisdiction the establishment in question is located.
2. We accordingly modify our order dated 16-5-20162 and direct the District Judge to hold an inquiry into the conduct of all officers responsible for the construction of the bus stand/hotel/accompanying complex and to submit a report to this Court as to the circumstances in which the alleged construction was erected and the role played by the officers associated with the same. The District Judge may appoint a suitable presenting officer to assist him in the matter. We further direct that the Government of Himachal Pradesh and the petitioner authority shall render all such assistance as may be required by the District Judge in connection with the inquiry and produce all such record and furnish all such information as may be requisitioned by him. Needless to say that the District Judge shall be free to take the assistance of or summon any official from the Government or outside for recording his/her statement if considered necessary for completion of the inquiry. The District Judge is also given liberty to seek any clarification or direction considered necessary in the matter. He shall make every endeavour to expedite the completion of the inquiry and as far as possible send his report before this Court within a period of four months from the date a copy of this order is received by him.
3. Needless to say that the petitioner as well as the company engaged for construction and running of the establishment after completion thereof shall be free to associate themselves with the inquiry in question. The original complainants shall also be similarly free to associate themselves with the inquiry.
4. We also make it clear that we have not expressed any final opinion on any right or contention of any of the parties which are left open to be heard at the appropriate stage.
5. A copy of the judgment1 delivered by the National Green Tribunal, New Delhi and the report submitted by Central Empowered Committee (CEC) as also a copy of the record placed before the National Green Tribunal may also be forwarded to the District Judge without any delay.
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1 T.N. Godavarman Thirumulpad v. Union of India, 2016 SCC OnLine NGT 1196
2 H.P. Bus Stand Management and Development Authority (HPBSM&DA) v. Central Emowered Committee, Civil Appeal Diary No. 17333 of 2016, order dated 16-5-2016 (SC)
