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1996 Supreme(SC) 2164

KULDIP SINGH, S.SAGHIR AHMAD
M. C. Mehta – Appellant
Versus
Kamal Nath – Respondent


Judgement Key Points

Based on the provided legal document, it is clear that the law recognizes the state as the trustee of all natural resources, including lakes, beels, rivers, forests, and other ecologically significant lands. The state has an affirmative duty to protect these resources in their natural state for the benefit of the public (!) . This duty includes ensuring that these resources are not diverted, encroached upon, or used in a manner that disrupts ecological balance or causes environmental degradation (!) .

Furthermore, even if leases or allotments have been previously granted for the use of such lands, these can be canceled or revoked if they are found to interfere with the ecological balance or violate the public trust. The law emphasizes that natural resources, being a gift of nature, should remain accessible for public use and enjoyment, and should not be privatized or exploited for private or commercial gains in a manner that harms the environment (!) . The prior approval or lease does not confer absolute rights that override the state’s responsibility to preserve ecological integrity; such leases can be annulled if they are in breach of the trust or cause environmental harm (!) .

In summary, the legal principles uphold that the state’s role as a trustee obligates it to protect natural resources from degradation. Any lease or allotment that compromises the ecological balance or results in environmental harm can be rescinded, and the resources must be restored to their natural state for the benefit of the public (!) (!) (!) .


JUDGMENT

KULDIP SINGH, J. - This Court took notice of the news item appearing in the Indian Express dated 25-2-1996 under the caption - "Kamal Nath dares the mighty Beas to keep his dreams afloat". The relevant part of the news item is as under :

"Kamal Naths family has direct links with a private company, Span Motels Private Limited, which owns a resort - Span Resorts - for tourists in Kullu-Manali Valley. The problem is with another ambitious venture floated by the same company - Span Club.

The club represents Kamal Natha dream of having a house on the bank of the Beas in the shadow of the snow-chapped Zanskar Range. The club was built after encroaching upon 27-12 bighas of land, including substantial forest land, in 1990. The land was later regularised and leased out to the company on 11-4-1994. The regularisation was done when Mr. Kamal Nath was Minister of Environment and Forests .... The swollen Beas changed its course and engulfed the Span Club and the adjoining lawns, washing it away.

For almost five months now, the Span Resorts management has been moving bulldozers and earth-movers to turn the course of the Beas for a second time.

The heavy earth-mover has been used to bloc




















































































































































































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