DR.DHANANJAYA Y.CHANDRACHUD,J. - (1.) 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 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 appellant at McLeod Ganj in Himachal Pradesh violates the provisions of the Forest (Conservation) Act, 1980 ("Forest Act"). The CEC recommended the demolition of the illegal portions.
(3.) The NGT accepted the findings of the CEC, observing that the Bus Stand Complex seriously disturbs the ecology of the area in which it has been constructed. The NGT directed, inter alia, that: (i) The structure of the Hotel-cum-Restaurant in the Bus Stand Complex be demolished by the second respondent; (ii) The second respondent shall pay a compensation of Rs. 15 lacs in terms of Sections 15 and 17 of the NGT Act; (iii) The appellant shall pay a compensation of Rs. 10 lacs, while the State of Himachal Pradesh and its Department of Tourism shall pay a compensation of Rs. 5 lacs each; and (iv) The Chief Secretary of the State of Himachal Pradesh shall conduct an enquiry against the erring officers of the appellant, in order to fasten the responsibility for the illegal project. B. Previous orders of this Court ;