Lake Palace Hotels & Motels Pvt.Ltd. vs T. Srinivasan .

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9295 OF 2014 (Arising out of SLP(C) No. 35237 of 2012)

Lake Palace Hotels & Motels Pvt. Ltd. …... Appellant

Versus

T.Srinivasan and Others ….. Respondents

JUDGMENT

ANIL R. DAVE, J.

Leave granted.

2. Heard the learned counsel at length.

3. During the pendency of the appeal we had directed the National River

Conservation Directorate, Ministry of Environment and Forests, New Delhi, to Signature Not Verified

examine the matter and to find out whether the construction which is proposed Digitally signed by Jayant Kumar Arora Date: 2014.10.11 10:55:46 IST Reason:

to be put up by the appellant is violative of any of the provisions of National 2

Lakes Conservation Plan. Similarly, the Commissioner, Municipal

Corporation, Udaipur, was also asked whether the construction was to be put

up in accordance with the rules and regulations framed by the Council.

4. At the time of hearing of the appeal, it has been submitted by the learned

counsel appearing for the aforesaid authorities that the proposed construction is

to be in accordance with the rules and regulations framed by the Council as

well as the Lake Conservation plan.

5. Mr. Brijesh Sikka, an Advisor (Scientist G) to National River

Conservation Directorate, Ministry of Environment and Forests and Climate

Change, New Delhi, has filed an affidavit giving details with regard to the

location of the property in question as well as other factors which would be

relevant while giving necessary permission for further construction/alteration

in the premises in question. It has been submitted by him that the said property

is beyond Full Tank Level of Pichola Lake in Udaipur and as total built up area

is less than twenty thousand square meters, no environmental clearance is

required under EIA Notification, 2006. Moreover, it has also been submitted

that Udaipur is not covered under Wetlands Rules, 2010. It has also been

submitted that sufficient arrangements have been made with regard to disposal

of sewage by establishment of a combined sewage treatment plant and 3

therefore, no affluent generated from the premises in question is to adversely

affect the environment.

6. Moreover, we have been informed by the State Authorities that the

construction to be put up is in sub-zone (B) of Zone (1) of the Controlled

Construction Area Building Regulation 2000, and therefore, the proposed

construction/alteration is eligible for approval.

7. From the facts stated on behalf of the aforesaid officers and in the

affidavit filed on their behalf it is clear that the proposed construction/alteration

is not in violation of any statutory provision. It appears that the High Court

was not properly informed about certain facts and as it was believed that the

property in question was in ‘no construction zone’ and therefore, by virtue of

the impugned judgment, the permission granted in respect of the property in

question for its alteration/construction had been set aside.

8. In the light of the aforestated facts placed before this Court, we are of the

view that the appellant should be permitted to put up construction/make

alterations, as approved by the Council, especially in view of the undertaking

which has been filed by the appellant.

9. In pursuance of our direction, the Commissioner, Municipal Corporation

Udaipur as well as Shri Brijesh Sikka, an Advisor (Scientist G) of National 4

River Conservation Directorate, Ministry of Environment and Forests and

Climate Change, New Delhi, are personally present in this Court.

10. The appellant is permitted to make necessary constructions/alterations,

as approved by the Authorities.

11. The appeal is disposed of and is allowed to the above extent, with no

order as to costs.

…….….....................................J (ANIL R. DAVE)

……..…....................................J (VIKRAMAJIT SEN)

………......................................J (PINAKI CHANDRA GHOSE)

NEW DELHI, OCTOBER 08, 2014.

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ITEM NO.1A COURT NO.3 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No(s). 9295/2014

[@ Special Leave Petition (C) 35237 of 2012 ]

LAKE PALACE HOTELS & MOTELS PVT.LTD. Appellant(s)

VERSUS

T. SRINIVASAN & ORS. Respondent(s)

Date : 08/10/2014 This appeal was called on for Judgment today.

For Appellant(s) Mr. Puneet Jain, Adv.

Ms. Pratibha Jain, Adv.

For Respondent(s) Mr. S. S. Shamshery, AAG, Rajasthan

Mr. Amit Sharma, Adv.

Mr. Pallav Shisodiya, Sr. Adv.

Ms. Amna Gupta, Adv.

Ms. Swati Singh, Adv.

Hon'ble Mr. Justice Anil R. Dave pronounced the

non-reportable Judgment of the Bench comprising His

Lordship, Hon'ble Mr. Justice Vikramajit Sen and Hon'ble

Mr. Justice Pinaki Chandra Ghose, J.

Leave granted.

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The Civil Appeal is disposed of and is allowed to

the extent indicated in the Judgment.

(Jayant Kumar Arora) (H. S. Parasher) Sr. P.A. Court Master

(Signed non-reportable Judgment is placed on the file)