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2014 Supreme(SC) 369

SUPREME COURT OF INDIA
GYAN SUDHA MISRA, PINAKI CHANDRA GHOSE, JJ.

Jal Mahal Resorts P. Ltd.
Versus
K.P. Sharma & Others
Civil Appeal No. 4912 of 2014 (Arising out of SLP (Civil) 17701 of 2012) With
Civil Appeal No. 4913 of 2014 (Arising out of SLP (Civil) 19239 of 2012) & Civil Appeal No.4914 of 2014 (Arising out of SLP (Civil) 19240/2012)
Decided on : 25-04-2014

Advocate Appeared
For the Appellant:Dr. A.M. Singhvi, Shyam Divan, Senior Advocates (Kamaldeep Dayal, Ankur Saigal, Abhinav Agrawal, Arvind Jain, Harsh Kulshrestha, E.C. Agrawala, Ruchi Kohli), Advocates.
For the Respondent:S.P. Singh, Jaideep Gupta, P.S. Narasimha, Senior Advocates (Mohan Prasad Gupta, S. Natarajan, S.N. Terdal, B. Krishna Prasad, Aruneshwar Gupta, Irshad Ahmad, K.B. Rohatgi, Mahesh Kasana, Aparna Rohatgi Jain, Avinash Kumar, Mukul Kumar, Ajay Choudhary, Ankit R. Kothari, Ajay Singh, Ishan, Rakesh Dahiya, Aditya Jain, Brig. M.L. Khatter), Advocates.

Headnote:

Tender/Project – Lease of 99 years - Division Bench of the High Court was pleased to cancel an Environment and Monument Improvement/Preservation and Tourism Development Project at Jaipur by declaring it as illegal which was awarded to the petitioner/appellant Jal Mahal Resorts Private Limited via global tender floated in 2003 and finally granted in 2005 after all requisite approvals as per the petitioner/appellant under the Environmental Law including Environment Impact Assessment under the Environment Protection Act and the Notifications issued thereunder of the Rajasthan Pollution Control Board. However, in view of the cancellation of the project, the High Court has directed immediate dismantling and removal of the entire project and diversion of the two drains which was done to purify waters of a man made artificial water body and detritus

Finding of the Court:

Disputed area of the lease deed borne out from the revenue record is clearly confined to14.15 acres plus 8.65 acres and the balance area of the lease deed could not have been interfered with so as to set aside the entire project

Court set aside the period of lease which has been granted in favour of the appellant for a period of 99 years and the same shall stand reduced to a period of 30 years only which could be the maximum period of the lease for the land under the rules which should start ordinarily from the date of its execution so as to expire on or before the period of 30 years. But we are conscious of the fact that much time has lapsed after execution of the lease deed in 2005 due to which only Phase-I of the project could start after which it got stuck and the project is in a state of limbo due to delay on account of the litigation started at the behest of the respondent/PIL petitioners who questioned the validity of the lease deed executed and finally succeeded in getting it set aside. We are, therefore, of the view that the lease deed which could not be made effective in view of the intervening litigation due to which the Project got delayed, it is legally just and appropriate to direct that the period of 30 years of the lease shall now be counted from the date of this judgment and order

Result: Appeals partly allowed

Judgment :

Gyan Sudha Misra, J.

1. Leave granted.

2. These appeals by way of special leave have been preferred against the common judgment and final order dated 17.5.2012 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in three public interest litigation petitions filed by the petitioners K.P. Sharma, Dharohar Bachao Samiti, Rajasthan and Heritage Preservation Society respectively against the State of Rajasthan and the beneficiary of the project who was respondent No.7 in the High Court and is now the petitioner/appellant in Civil Appeal (arising out of SLP(c) No.17701/2012. The three petitions were D.B. Civil Writ (PIL) Petition No.6039/2011, D.B. Civil Writ (PIL) Petition No.5039/2010 and D.B. Civil Writ (PIL) Petition No.4860 of 2010 whereby the Division Bench of the High Court was pleased to cancel an Environment and Monument Improvement/Preservation and Tourism Development Project at Jaipur by declaring it as illegal which was awarded to the petitioner/appellant Jal Mahal Resorts Private Limited via global tender floated in 2003 and finally granted in 2005 after all requisite approvals as per the petitioner/appellant under the Environmental Law including Environment Impact Assessment under the Environment Protection Act and the Notifications issued thereunder of the Rajasthan Pollution Control Board. However, in view of the cancellation of the project, the High Court has directed immediate dismantling and removal of the entire project and diversion of the two drains which was done to purify waters of a man made artificial water body and detritus.

3. Other three Special Leave Petition bearing SLP (Civil) Nos.22467/2012, 22820/2012 and 24341/2012 had also been preferred by the State of Rajasthan challenging the impugned judgment and order of the High Court referred to hereinbefore. But after the arguments were finally advanced by the learned Attorney General and the same also stood concluded, permission of this Court was sought by the senior counsel Sri Jaydeep Gupta to withdraw these special leave petitions filed by the State of Rajasthan which were permitted by this Court vide order dated 05.02.2014. The petitions preferred by the State of Rajasthan assailing the impugned judgment and order thus stand dismissed as withdrawn. However, Sri Gupta submitted that he can still address the Court on merit in the connected special leave petitions bearing SLP (Civil) Nos.17701 of 2012, 19239/2012 and 19240/2012 preferred by the petitioner/appellant Jal Mahal Resorts Pvt. Ltd. & Ors. against the PIL petitioners before the High Court since the State of Rajasthan is still a party respondent in these matters and hence it can support or oppose the impugned judgment of the High Court in spite of withdrawal of the special leave petition filed by the State assailing the judgment and order of the High Court. However, at this juncture we refrain from expressing further on its implication and would deal with the same, if necessary, at the appropriate stage.

4. In so far as the appeals preferred by the appellant-M/s. Jal Mahal Resorts Private Limited is concerned, we have noticed that the appeal has been preferred against the common judgment and order of the High Court under challenge herein whereby the writ petitions which were filed by the respondents as public interest litigation bearing DB (CWP) No.6039/2011 entitled Prof. K.P. Sharma vs. State of Rajasthan and Ors as also DB (CWP) PIL No. 5039/2010 entitled Dharohar Bachao Samiti Rajasthan vs. State of Rajasthan and Ors. as also the 3rd writ petition bearing DB (CWP) PIL No. 4860/2010 entitled Heritage Preservation Society Rajasthan and Anr. vs. State of Rajasthan and Ors. have been allowed by the Division Bench of the High Court and resultantly the Mansagar Lake Precincts Lease Agreement dated 22.11.2005 awarding 100 acres of land on lease for a period of 99 years to the respondent No.7/the appellant herein/ M/s. Jal Mahal Resorts Private Limited was declared


























































































































































































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