M. C. Mehta v.

Kamal
Nath 1997 1 SCC 388
SPAN MOTEL CASE
M. C. MEHTA V. KAMAL NATH WAS A LANDMARK CASE IN
INDIAN ENVIRONMENTAL LAW. IN THE CASE, THE SUPREME
COURT OF INDIA HELD THAT THE PUBLIC TRUST DOCTRINE
(AS WELL AS POLLUTER PAYS PRINCIPLE) ARE APLLICABLE.

POLLUTER PAYS PRINCIPLE

The Polluter Pays Principle means that the absolute liability for harm
to the environment extends not only to compensate the victims of
pollution but also the cost of restoring the environmental
degradation. Remediation of the damaged environment is part of the
process of sustainable development and as such the polluter is liable
to pay the cost to the individual sufferers as well as the cost of
reversing the damaged ecology.

PUBLIC TRUST DOCTRINE

The ancient Roman Empire developed a legal theory known as the "Doctrine of the Public
Trust". The doctrine primarily rest on the principle that certain resources like air, sea, waters
and forests have such a great importance to the people as a whole that it would be wholly
unjustified to make them subject of private governorship. The said resources being a gift of
nature, they should be made freely available to everyone irrespective of the status.

The doctrine enjoins upon the Government to protect the resources for the enjoyment of the
general public rather than to permit their own use for private ownership or commercial
purposes. The Supreme Court in India also recognizes that this doctrine as a part of the
Indian law. The court in the below mentioned case held that the doctrine of public trust
implies following instructions on government authority:

"First, the property subject to the trust must not only he used only he used for a public
purpose, but it must he held available for the use of the general public.

Secondly, the property may not to be sold, even for a fair cash equivalent.

Thirdly, the property must he maintained for particular types of uses".

FACTS OF THE CASE

The Indian Express published an article reporting that Span Motels Private
Limited, which owns Span Resorts, had floated another ambitious
venture, Span Club. The family of Indian politician Kamal Nath has direct
links with this company. The club was built after encroaching upon 27.12
bighas of land, including substantial forestland, in 1990. The land was
later regularized and leased out to the company on April 11, 1994.

The regularization was done when Nath was Minister of Environment and
Forests. This encroachment led to the swelling of the Beas River, and the
swollen river 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.

A worrying thought was that of the river eating into the mountains, leading to landslides
which were an occasional occurrence in that area. In September, these caused floods in
the Beas and property estimated to be worth Rs. 105 crore was destroyed. The
Government of India, Ministry of Environment and Forests by the letter dated 24.11.1993,
addressed to the Secretary, Forest, Government of Himachal Pradesh, Shimla conveyed its
prior approval in terms of Section 2 of the Forest (Conservation) Act, 1980 for leasing to
the Motel 27 bighas and 12 biswas of forest land adjoining to the land already on lease
with the Motel. An expert committee formed to assess the situation of the area arrived at
the following conclusion,

The river is presently in a highly unstable regime after the extraordinary floods of 1995,
and it is difficult to predict its behaviour if another high flood occur in the near future. A
long-term planning for flood control in the Kullu Valley needs to be taken up immediately
with the advice of an organization having expertise in the field, and permanent measures
shall be taken to protect the area so that recurrence of such a heavy flood is mitigated
permanently.

JUDGEMENT OF THE COURT

The forest lands which have been given on lease to the Motel by the State
Governments are situated at the bank of the river Beas. Beas is a young and
dynamic river. The river is fast-flowing, carrying large boulders, at the time of
flood. When water velocity is not sufficient to carry the boulders, those are
deposited in the channel often blocking the flow of water. Under such
circumstances the river stream changes its course, remaining within the valley but
swinging from one bank to the other. The right bank of the river Beas where the
motel is located mostly comes under forest, the left bank consists of plateaus,
having steep - bank facing the river, where fruit orchards and cereal cultivation are
predominant. The area being ecologically fragile and full of scenic beauty should
not have been permitted to be converted into private ownership and for
commercial gains.

ORDERS OF THE COURT

The public trust doctrine, as discussed by the Court in this judgment

was a part of the law of the land. The prior approval granted by the
Government of India, Ministry of Environment and Forest and the
lease-deed dated 11.04.1994 in favour of the Motel were 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 constitutions made by the Motel
in the riverbed and the banks on the river Beas have to be removed
and reversed.

In M.C. Mehta v. Kamal Nath (2002) 3

SCC 653

The Supreme Court on the earlier occasions [1997 1 SCC 3 881]

after adverting to the pleading relevant documents and the technical
report of the Central Pollution Control Board, enumerated the various
activities of Span Motels considered to the illegal and constituting
'callous interference with the natural flow of River Beas' resulting in
the degradation of the environment and for that purpose indicated
them with having 'interfered with the natural flow of the river by
trying to block the natural relief/split channel of the river'.

THANK YOU
MOHAMMAD IRFAN
BA.LLB 3rd Year