Apex court stays demolition of McLeodganj bus stand hotel

R Sedhuraman

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New Delhi, May 16

The Supreme Court today stayed the National Green Tribunal’s (NGT) order for demolition of a hotel constructed as part of a multipurpose commercial bus stand at McLeodganj near Dharamsala.

A summer vacation Bench comprising Justices Abhay Manohar Sapre and Ashok Bhushan also stayed the inquiry against officials of the Himachal Pradesh Bus Stand Management and Development Authority for alleged misuse of the 1.4 acres of land meant for the bus stand.

The Bench, however, asked the authority to deposit the fine of Rs 10 lakh imposed by the NGT on the “polluter pays” principle. It passed the orders on an appeal by the Authority challenging NGT’s May 4 judgment.

The apex court also issued notice to the Central Empowered Committee, appointed by the SC for assessing projects in forest areas, for framing of issues on the appeal for the purpose of hearing and adjudication.

Appearing for the authority, senior advocate Raju Ramachandran said the bus stand project included establishment and maintenance of hotels and restaurants, shops, dormitory, cloak room, banks and post office.

In the appeal, the authority said the commercial feature was incorporated in the project to make it viable and attract investors as only one bid was received in response to a tender issued earlier for the construction of only the bus stand. The Ministry of Environment and Forests had also given permission for using the land for “non-forest purposes.”

The authority said it was constructing the bus stand with world class facilities under the build-operate-transfer (BOT) scheme for the benefit of tourists and local commuters with zero investment by the government. The entire infrastructure would vest with the government after 17 years of its maintenance by the project concessionaire.