BY:-Aditya Katyayan Court Supreme Court of India Name of the Case M. C. Mehta v. Kamal Nath & Ors. Citation (1997) 1 SCC 388 Date of the Case 13 December 1996 Petitioner M.C. Mehta Respondent(s) Kamal Nath Bench/Judges Kuldip Singh, S. Saghnr Ahma Statutes/Constitution Involved Indian Constitution; Public Trust Doctrine Important Sections/ Articles Section 41(2),41(3),42,42(2),43,44,45,45-A,47 and 48 of IPC; Section 15,15(1),16 and 17 of Environment (Protection) Act, 1986; Air (Prevention and Control of Pollution) Act, 1981. ABSTRACT M. C. Mehta v. Kamal Nath and Ors.  is a landmark case in Indian environmental law. The Supreme Court of India held in this case that the Public Trust Doctrine and The Polluter Pays Principle will be applied in India. INTRODUCTION “Kamal Nath dares the mighty Beas to keep his dreams afloat”. This headline published in the Indian Express on February 25, 1996 and had lasting repercussions on the legal and government framework of India. This attention-grabbing headline was noticed by the Supreme Court and they took Suo Moto cognisance to see what the matter was about. The Span Resorts was a prestigious and well-established Hospitality chain at the time. A majority shareholder, owner and patron of the chain was the eminent leader Kamal Nath. Kamal Nath has had a history of controversy. The location of this dispute was the Span Resort at the Kulu Manali valley in Himachal Pradesh. Due to the selfish actions of the respondent, the public’s legal right was infringed. The judgement passed by the Supreme Court acts as a strong precedent for time to come. BACKGROUND OF CASE One of the Respondents, Span Hotels Pvt. Ltd. a private company had built motels on the forest land adjacent to River Beas. The same was taken on lease from the government for a period of 99 years. Subsequently, the respondents tried to divert the flow of Beas River using heavy earthmovers. They also constructed heavily cemented embankments along the river and further tried to encroach upon the surrounding barren forest land. Moreover, it transpired that the various acts of the Respondents were authorized by the Forest Department of Kulu. It is further alleged that Mr. Kamal Nath, one of the Respondents too was an interested party in the deal. He was further the Minister-in-charge, Department of Environment and Forests at the time of signing of the lease deed between Span Hotels and the Himachal Government. The Supreme Court took Suo Moto notice of a news article that appeared in the Indian Express on February 25, 1999. The article read, “Kamal Nath dares the mighty Beas to keep his dreams afloat”. The Apex Court ordered the Central Pollution Control Board to file a report post the inspection of the area. The Report stated that the area is a question that was highly vulnerable with Beas being in an unstable state. It further advised long-term planning and flood control in Kulu. FACTS OF THE CASE The Indian Express published an article reporting that a private company, had floated an ambitious project called Span Club. Kamal Nath who was the Minister of Environment and Forests had direct links with this company. The company encroached upon 27.12 big has of land which also included forest land. The land was regularized and subsequently leased out to the company on 11th April 19 This encroachment had an impact on the course of river Beas. For more than 5 months the Span Resorts management moved bulldozers and earth movers to turn the course of the river for the second time. In September, 1993, these activities by the company caused floods in the river and a property worth Rs. 105 Crores was destroyed. ISSUES RAISED Whether or not Mr. Kamal Nath has been precisely inducted as the Defendant in the writ petition? Whether or not the erection activity done by M/s SMPL was done with a vision to shield the charter hold land from floods? Whether or not the Public trust Doctrine is a part of the Indian Legal system? ARGUMENTS OF THE PETITIONER M.C. Mehta, who has been pursuing this case with the usual vigour and vehemence, has contended that if someone disturbs the ecological balance and tinkers with the innate conditions of rivers, forests, air and water, which are the offerings of nature, he/she would be at fault of violating not just the Fundamental Rights, guaranteed under Article 21 of the Constitution, but also for violating the fundamental duties to look after environment under Article 51A(g) which provides that it shall be the duty of every citizen to look after and develop the natural environment including forests, lakes, rivers and wildlife and to show compassion for living creatures. ARGUMENTS OF THE RESPONDENT Mr. Kamal Nath of the respondent’s side has firstly declared that he has been wronged in the above petition as he has no right, title or interest in ‘Span Resorts’. He also further states that the allegations made in the press reports are exaggerated and mala fide in nature and have been published to harm his reputation. Mr. Banwari Lal Mathur, the Executive Director of Span Motels also disclosed the shareholding of Span Motels Pvt. Ltd, wherein, almost all the shares in the Motel are owned by the family of Mr. Kamal Nath. The Court, however, chose not to comment on this issue. Mr. S. Mukerji, President of the Span Motels Pvt Ltd. tried to defend the actions of the Motel by stating that the act of restoring the river to its original course was done in the view of good faith towards the environment and in the interest of the community living in the nearby villages. The Motel had also stated that they had taken actions which protected the land from erosion such as constructing crated, retaining walls and embankments along the river, but were unable to finish the work due to the allegations against them. RELATED PROVISIONS Section 41(2) Whoever fails to comply with any order issued under clause (c) of sub-section (1) of Section 32 or any direction issued by a court under … Continue reading M. C. Mehta v. Kamal Nath