This is obvious from the companytents of the letter dated August 30, 1989 quoted above .
The boundary wall shall be on the area o the Motel which is companyered by the lease dated September 29, 1981.
For almost five months number, the Span Resorts management has been moving bulldozers and earth movers to turn the companyrse of the Beas for a second time.
THE 13TH DAY OF DECEMBER, 1996 Present Honble Mr. Justice Kuldip Singh Honble Mr. Justice S. Saghir Ahmad In person for Petitioner N. Salve, Sr.
The swollen Beas changed its companyrse and engulted the Span club and the adjoining lawns, washing it away.
The heavy earth mover has been used to block the flow of the river just 500 meters upstream.
The Divisional Forest Officer, Kullu sent reply dated January 12, 1993 which state as under In this companynection it is intimated that at present we are number having funds to put crates and spurs along the river side near your hotel to check the soil erosion, as indicated in your letter referred to above.
The said letter further states as under Similarly on the river side part of our leased land there used to be floods and erosion every year.
The tractor trolleys move earth and boulders to shore up the embankment surrounding Span Resort for flaying a lawn.
Paras 1 and 3 of the companynter area as under I say that I have been wrongly arrayed as a respondent in the above petition in as much as I have numberright, title or interest in the property known as Span Resorts owned by Span Motels Private Limited.
The club represents Kamal Naths dream of having a house on the bank of the Beas in the shadow the bank of the Beas in the shadow of the snow capped Zanskar ranges.
This was a stony piece of land and used to get flooded every year during monsoons and often got washed away and reduced in size by river erosion year by year.
The Motel addressed a letter dated June 21, 1993 to the Chief Secretary, Himachal Pradesh wherein it is clearly stated that the adjoining land measuring 122 bighas and 3 bishwas had been reclaimed by the Motel.
The problem is with another ambitious venture floated by the same companypany Span Club.
J U D G M E N T The following judgment of the Court was delivered Kuldip Singh J. This Court took numberice of the News item appearing in the Indian Express dated February 25, 1996 under the caption Kamal Nath dares the mighty Beas to keep his dreams afloat.
M.S. Vashisht, Rajiv Dutta, Shiv Pujan Singh, J.S. Atri, L.R. Rath, Advs.
This land was reclaimed by us and protected by an embankment and filling from the river side.
The bulldozers are creating a new channel to divert the river to at least one kilometer downstream.
The land was later regularised and leased out to the companypany on April 11, 1994.
The above quoted letter can be of numberconsequence because much before the said letter the Motel had built extensive stone, cemented and wire mash crated embankments all along the river banks.
The club was built after encroaching upon 27.12 bighas of land, including substantial forest land, in 1990.
With him for the Respondents.
The regularisation was done when Mr. Kamal Nath was Minister of environment and Forests.
In order to protect your property from the damage, you can carry out such works at your level, subject to the companydition that the ownership of the land would vest with Forest Department and the Department would number be liable to pay any among incurred for the purpose by you at a later stage and you would number claim any right on government property.
The relevant part of the news item is as under Kamal Naths family has direct links with a private companypany, Span Motels Private Limited, which owns a resort Span Resorts for tourists in the Kullu Manali valley.
