M.C. MEHTA versus KAMAL NATH AND ORS.

M.C. MEHTA versus KAMAL NATH AND ORS.

Span Motels Pvt. Ltd., having interfered with the natural flow of river Beas and caused environmental degradation, is liable to pay exemplary damages of Rs. 10 lakhs, apart from their undertaking to bear a fair share of ecological restoration project costs. The quantum is fixed in public interest and to deter future environmental violations.

Parties
Petitioner: M.C. Mehta; Respondent: Kamal Nath; Respondent: Span Motels Pvt. Ltd.; Respondent: State of Himachal Pradesh; Respondent: Central Pollution Control Board
Jurisdiction
India
Judgment Date
15 March 2002
Procedural Posture
Writ Petition (civil) No. 182 of 1996 / Final Order/disposal
Outcome
Petition disposed of
Legal Topics
Polluter Pays Principle, Exemplary Damages, Public Trust Doctrine, Ecological Restoration
Environmental Law Constitutional Law Polluter Pays Principle Exemplary Damages Public Trust Doctrine Ecological Restoration

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Parties

M.C. Mehta

Petitioner

Kamal Nath

Respondent

Span Motels Pvt. Ltd.

Respondent

State of Himachal Pradesh

Respondent

Central Pollution Control Board

Respondent

Procedural Posture

Writ Petition (civil) No. 182 of 1996 / Final Order/disposal

Legal Issues

  1. 1 Whether Span Motels Pvt. Ltd. is liable for exemplary damages for environmental degradation caused by interference with the flow of river Beas
  2. 2 Quantum of exemplary damages to be imposed

Ratio Decidendi

Span Motels Pvt. Ltd., having interfered with the natural flow of river Beas and caused environmental degradation, is liable to pay exemplary damages of Rs. 10 lakhs, apart from their undertaking to bear a fair share of ecological restoration project costs. The quantum is fixed in public interest and to deter future environmental violations.

Court Disposition

Petition disposed of

Orders

  • Span Motels Pvt. Ltd. shall pay exemplary damages quantified at Rs. 10 lakhs to the State Government, Department of Irrigation and Public Health, to be utilized for flood protection works in Beas river area affected by their actions.
  • Quantum of liability for damages on the 'polluter pays' principle to be determined separately.