(Abhay Manohar Sapre and Ashok Bhushan, JJ.)
Himachal Pradesh Bus Stand Management and Development Authority (HPBSM&DA) ___________________________________ Appellant;
v.
Central Emowered Committee and Another ___________ Respondent(s).
Civil Appeal Diary No(s). 17333/2016, decided on May 16, 2016
(With appln(s) for permission to file appeal, stay)
Civil Appeal Diary No(s). 17333/2016
The Order of the court was delivered by
Order
1. Permission to file appeal is granted.
2. Heard.
3. This being an appeal under Section 22 of the National Green Tribunal Act, 2010 (for short called ‘The Act’) it is admitted for final hearing on following substantial questions of law as are required to be framed keeping in view the requirement of Section 100 of the Civil Procedure Code as provided in Section 22 of the Act.
1. Whether the Tribunal has failed to appreciate that the land which is subject matter of the appeal had already been diverted for non forest use under Section 2 of the Forest(Conservation) Act, 1980?
2. Whether the Tribunal failed to consider properly the effect of Section 14 of the Himachal Pradesh Bus Stand Management and Development Authority Act, 1999 which empowers the authority to establish and maintain hotels and restaurants at or near bus stands?
3. Whether the Tribunal exceeded its jurisdiction in holding that alleged violations of the Himachal Pradesh Town and Country Planning Act, 1977 are made out even though the said enactment is absent in the Schedule I of enactments attached to the National Green Tribunal Act?
4. Also heard on the question of grant of stay.
5. After having heard learned counsel for the appellant, the operation of impugned order1 insofar as it relates to directions contained in para 2 which relates to directing of holding of an inquiry against the erring officers of the appellant is stayed. Similarly, direction contained in paragraph(3) relating to demolition of Hotel cum restaurant is also stayed.
6. List the appeal for further orders on stay after summer vacation before the appropriate Bench as per roster after service of notice of appeal on the respondent.
———
1 T.N. Godavarman Thirumulpad v. Union of India, 2016 SCC OnLine NGT 1196
