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2002 Supreme(SC) 362

DORAISWAMY RAJU, M.B.SHAH
M. C. Mehta – Appellant
Versus
Kamal Nath – Respondent


JUDGMENT

Raju, J.-The above matter has been set down for hearing before us pursuant to the orders passed by this Court (Justice S.Saghir Ahmad and Justice Doraiswamy Raju) on May 12, 2000 and the consequent Notice issued to the Executive Director, M/s. Span Motels Pvt. Ltd. at Manali, and the Executive Director, Span Motels Pvt. Ltd., Operations Headquarters at New Delhi, calling upon them to show cause as to why in addition to damages, exemplary damages be not awarded for having committed the various acts set out and enumerated in detail in the main judgment reported in M.C. Mehta vs. Kamal Nath & Others [(1997) 1 SCC 388] wherein it was held as hereunder:

"39. We, therefore, order and direct as under:

1. The public trust doctrine, as discussed by us in this judgment is a part of the law of the land.

2. The prior approval granted by the Government of India, Ministry of Environment and Forest by the letter dated 24.11.1993 and the lease deed dated 11.4.1994 in favour of the Motel are quashed. The lease granted to the Motel by the said lease deed in respect of 27 bighas and 12 biswas of area, is cancelled and set aside. The Himachal Pradesh Government shall take over the area and restor






















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