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1996 (12) TMI 352 - SC - Indian LawsInfringement of public interests - Held that - The Himachal Pradesh Government committed patent breach of public trust by leasing the ecologically fragile land to the Motel management. Both the lease transactions are in patent breach of the trust held by the State Government. The second lease granted in the year 1994 was virtually of the land which is a part of the riverbed. Even the Board in its report has recommended de-leasing of the said area.The public trust doctrine, as discussed by in this judgment is a part of the law of the land. 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. 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. The Motel through its management shall show cause why pollution fine in addition be not imposed on the Motel. 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/utilise 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. 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. 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 the Board shall take action in accordance with law. 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.
Issues Involved:
1. Environmental Degradation by Span Motels Private Limited 2. Encroachment and Lease of Forest Land 3. Construction Activities and Diversion of River Beas 4. Application of the Public Trust Doctrine 5. Compliance with Environmental Laws and Principles Issue-wise Detailed Analysis: 1. Environmental Degradation by Span Motels Private Limited: The Supreme Court took suo motu notice of a news item detailing significant environmental degradation caused by Span Motels Private Limited. The report highlighted the encroachment and subsequent regularization of forest land by the company, as well as the use of heavy machinery to alter the course of the Beas River, leading to potential landslides and floods. The Court found that the Motel's actions, including dredging and constructing embankments, had degraded the environment and interfered with the natural flow of the river. 2. Encroachment and Lease of Forest Land: The Motel had encroached upon 27-12 bighas of forest land, which was later leased to them by the Himachal Pradesh Government. The Court noted that the lease, granted while Mr. Kamal Nath was the Minister of Environment and Forests, was a breach of public trust. The Motel had constructed various structures on the leased land without proper authorization, further exacerbating environmental degradation. 3. Construction Activities and Diversion of River Beas: The Motel undertook extensive construction activities, including the use of bulldozers and earth-movers to divert the river's course. The Central Pollution Control Board's report confirmed that these activities had altered the river's natural flow, creating new channels and blocking the natural relief/spill channel. The Court emphasized that these actions were not conducted under expert advice and had the potential to cause future landslides and environmental damage. 4. Application of the Public Trust Doctrine: The Court invoked the Public Trust Doctrine, which asserts that certain natural resources like rivers, forests, and air are held in trust by the government for public use and cannot be converted into private ownership. The Court held that the Himachal Pradesh Government had violated this doctrine by leasing ecologically fragile land to the Motel for commercial purposes. The doctrine imposes a duty on the state to protect these resources for public enjoyment and environmental preservation. 5. Compliance with Environmental Laws and Principles: The Court reiterated the importance of the Precautionary Principle and the Polluter Pays Principle, both integral to sustainable development. It directed the Motel to pay compensation for environmental restoration and to construct a boundary wall to prevent further encroachment. The Court also mandated the Himachal Pradesh Pollution Control Board to ensure compliance with pollution control standards and to inspect all establishments in the Kullu-Manali area for untreated effluent discharge. Judgment: 1. The Public Trust Doctrine is affirmed as part of the law of the land. 2. The prior approval and lease deed in favor of the Motel are quashed, and the Himachal Pradesh Government is directed to restore the area to its original-natural conditions. 3. The Motel is ordered to pay compensation for environmental restoration, with NEERI to assess the cost. 4. The Motel must show cause why additional pollution fines should not be imposed. 5. The Motel is required to construct a boundary wall to prevent further encroachment and ensure public access to the riverbank. 6. The Motel must not discharge untreated effluents into the river, with the Pollution Control Board to ensure compliance. 7. Inspections and actions are mandated for all establishments in the Kullu-Manali area to prevent environmental degradation. 8. The case is to be listed on 18-12-1996 for further proceedings regarding pollution fines and damages.
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