Mehta v. Nath
India Supreme Court
1 SCC 388 (India) (1997)
- Written by Sheryl McGrath, JD
Facts
The Beas River in India flowed through a valley between two mountain ranges. One side of the river was forested. The other side of the river was agricultural land. The forested riverbank was ecologically fragile. In the early 1990s, a regulatory agency in India granted the Span Resort a 99-year lease of land on the forested riverbank. The leased land consisted of about 27 bighas (about 11 acres). At the time, Kamal Nath (defendant) was India’s minister of Environment and Forests. Nath’s family had ties to Span Resort. Span Resort built a motel on the land, and the building activities changed the course of the river flow. M. C. Mehta (plaintiff), a lawyer and environmental activist, filed an action against Nath for damaging the environment. The Supreme Court of India accepted original jurisdiction of the action.
Rule of Law
Issue
Holding and Reasoning (Singh, J.)
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