NEW DELHI: The Supreme Court last week ordered an investigation by the Central Pollution Control Board member secretary, Dr. Chakravarti, into the allegations that a motel company having links with former Union Minister Kamal Nath had diverted the course of the Beas river in the hill resort of Manali in Himachal Pradesh to save his private club from being immersed by flood waters.

A Division Bench comprising Justice Kuldip Singh and Justice Faizan Uddin gave Kamal Nath four weeks’ time to file his reply to a public interest petition by noted environmentalist lawyer M.C. Mehta, alleging that the former minister had destroyed the ecology of the Himalayan resort for petty persona! Ends, the court took strong exception to. the failure of the Himachal Government in filing an affidavit in response to the allegations and directed the secretaries in charge of the Forestland Environment Departments as well as the secretary Irrigation and Flood ‘Department to file affidavits in four weeks’ time.

In their direction, the judges said that Dr. Chakravarti of the Central Pollution Control Board should inspect the area with reference to the subject matter in the petition and file a reply ins six weeks, He may seek the assistance of any other expert in the field, All expenses would be borne by Kamal Nath, the judges said in their order: Earlier, the judges made it clear that the former Environment Minister had no right to change the course of river Just because he was in charge of the ministry.

“The entire ecology of this area has been destroyed by sewage and waste being dumped into the river Beas,” the judges said while asking Kamal Nath’s senior counsel Harish Salve to advise his client to get the mote! Removed from the river bank.

When salve told the court that the motel company had only tried to protect its property as a result of the floods inundating the building, the Judges said that this should have been brought to the notice of the government instead of the company acting on its own and changing the course of the river.

Article extracted from this publication >>  May 15, 1996