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2002 Supreme(HP) 57

M.B.SHAH, DORAISWAMY RAJU
M. C. MEHTA – Appellant
Versus
KAMAL NATH – Respondent


JUDGEMENT

Raju, J. -

1. 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 12.5.2000 and the consequent notice issued to Executive Director, M/S Span Motels Pvt. Ltd. at Manali, Executive Director, Span Motel Pvt. Ltd., Operations Headquarters at New Delhi, calling upon them to show cause as to why in addition to damage, 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 V. Kamal Nath wherein it was held as hereunder: (SCC pp. 414-15, para 39) "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 Forests by the letter dated 24.11.1993 and 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 restore it to its or

















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