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NARESH K. SHARMA

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CASE NO.:

Writ Petition (civil) 182 of 1996

PETITIONER:

M. C. MEHTA

Vs.

RESPONDENT:

KAMAL NATH & ORS.

DATE OF JUDGMENT: 15/03/2002

BENCH:

M.B. Shah & Doraiswamy Raju

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 restore it to

its original-natural conditions.

3. The Motel shall pay compensation by way of cost

for the restitution of the environment and ecology of

the area. The pollution caused by various

constructions made by the Motel in the riverbed and

the banks of River Beas has to be removed and

reversed. We direct NEERI through its Director to

inspect the area, if necessary, and give an

assessment of the cost which is likely to be incurred

for reversing the damage caused by the Motel to the

environment and ecology of the area. NEERI may

take into consideration the report by the Board in this

respect.

4. The Motel through its management shall show

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cause why pollution fine in addition be not imposed on

the Motel.

5. The Motel shall construct a boundary wall at a

distance of not more than 4 metres from the cluster of

rooms (main building of the Motel) towards the river

basin. The boundary wall shall be on the area of the

Motel, which is covered by the lease dated 29.9.1981.

The Motel shall not encroach/cover/utilize any part of

the river basin. The boundary wall shall separate the

Motel building from the river basin. The river bank

and the river basin shall be left open for the public

use.

6. The Motel shall not discharge untreated effluents

into the river. We direct the Himachal Pradesh

Pollution Control Board to inspect the pollution control

devices/treatment plants set up by the Motel. If the

effluent/waste discharged by the Motel is not

conforming to the prescribed standards, action in

accordance with law be taken against the Motel.

7. The Himachal Pradesh Pollution Control Board

shall not permit the discharge of untreated effluent

into River Beas. The Board shall inspect all the

hotels/institutions/factories in Kullu-Manali area and in

case any of them are discharging untreated

effluent/waste into the river, the Board shall take

action in accordance with law.

8. The Motel shall show cause on 18.12.1996 why

pollution fine and damages be not imposed as

directed by us. NEERI shall send its report by

17.12.1996. To be listed on 18.12.1996."

On being served with a Notice dated 14.12.1996, the matter was heard on

19.12.1996, when this Court (Justice Kuldip Singh and Justice S. Saghir Ahmed)

passed the following order:

"Pursuant to the above quoted direction NEERI has

filed its report. A copy of the report was given to the

learned counsel for the Motel yesterday. Show cause

notice to the Motel has been given on 2 counts (i)

why the Motel