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W.P(C)No. 202 OF 1995

ITEM No. 3 COURT No. 1 SECTION PIL

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

IA NO. 780 in WP (C) 202/1995

T.N. GODAVARMAN THIRUMALPAD Petitioner

VERSUS

UNION OF INDIA & ORS. Respondents

(for directions)

[IN THE MATTER OF PEPSI FOODS LTD. AND COCA COLA INDIA INC.]

Date : 16/09/2002 This Petition was called on for hearing today.

CORAM :

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE K.G. BALAKRISHNAN
HON’BLE MR. JUSTICE ARIJIT PASAYAT

For appearing parties :

Mr. Harish N Salve, SG (AC)

Mr. U U Lalit, Adv. (AC)
Mr. Siddharth Choudhary, Adv.

For Ministry of Environ-

ment & Forests/UoI Mr. Kirit N Raval, ASG
Mr. A D N Rao, Adv.

- Mr. S Wasim A Qadri, Adv.

Ms. Anil Katiyar, Adv.

For Coca Cola Mr. Ashok H. Desai, Sr. Adv.

Ms. P.S. Shroff, Adv.
Mr. Manu Nair, Adv. for
M/s S.A. Shroff & Co., Advs.

For Pepsi Mr. Arun Jaitley, Sr. Adv.

Mr. Maninder Singh, Adv.
Ms. Pratibha M. Singh, Adv.
Ms. Kavita Wadia, Adv.
Ms. Anubha Arora, Adv.
Mr. Ankur Talwar, Adv.

For Nestle Ltd. Mr. C S Vaidyanathan, Sr. Adv.

Ms. Ruby Singh Ahuja, Adv.

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For MBD Books Mr. Ranjit Kumar, Sr. Adv.
Mr. Anil Kumar Sangal, Adv.
Ms. Pragnya, Adv.

for Fena & SBI Mr. Ramesh N Keshwani, Adv.

For State of Himachal Mr. Naresh K. Sharma, Adv.

Pradesh

UPON hearing the counsel, the Court made the following

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ORDER

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Report has been submitted by the Committee which

was appointed by this Court. Copies of the Report be
given to the counsel for the parties.

It is imperative to find out at the very earliest

as to the modalities which have to be employed in order
to remedy the situation and remove the damage. Mr.
Harish N Salve, the learned Amicus Curiae states that it
will be posssible to find out globally as to which is the
best way to repair the damage and to identify the people
and the experts who can do so. According to the Repot,
one of the methods which has been suggested is to use
lasers. This is an option which can be considered. The
extent of damage is stated to be very extensive. In
order to try and fully appreciate the extent of damage,
it will be necessary to have a video film taken which
will indicate, at least proximately, as to who were the
organisations or persons responsible for the damage, the
extent of the damage and the quantum of work required to
be done. It is quite clear that the work has to be
completed expeditiously and in any case before the winter
sets in.
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On the last date of hearing, notices had been
issued to nine organisations out of which seven had
commercial advertisements. This is in addition to Coca
Cola and Pepsi Cola. The Report indicates that Grasim
Ltd. (Birla White Cement) and Sleepwell Mattresses are
also the organisations who have painted the rocks by way
of advertisements. Notice to issue to Grasim Ltd. and
Sleepwell Mattresses returnable on 23rd September, 2002.
In the meantime, in order that the Committee
which had been appointed carries out the remaining work
of video filming and ascertaining globally as to the
manner in which the damage can be repaired, costs will
have to be incurred. We direct M.B.D. Book, State Bank
of India, Fena Pvt. Ltd., Nestle India Ltd., Jugal’s,
Sidharth Dining and Annapurna Restaurant to deposit in
this Court within the next 48 hours Rs. 1 lakh each by
way of costs. We direct Coca Cola and Pepsi Cola to
deposit in this Court within the next 48 hours Rs. 2
lakh each by way of costs. This money will be utilised,
subject to the directions of the Registrar General, for
the purpose of meeting the costs.
The action which is being taken by this Court is
independent of any action which any competent authority
may take in accordance with law, including the criminal
prosecution.
 In the meantime, no party is allowed to remove
any paint or damage which has been done so far and the
State Government will ensure this.

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(D.P. WALIA) (V.P. TYAGI)
COURT MASTER COURT MASTER

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