- (1.) This court took notice of the news item appearing in the Indian Express dated 25/2/1996 under the caption "kamal Nath dares the mighty Beas to keep his dreams afloat". The relevant part of the news item is as under: "Kamal Nath's family has direct links with a private company, Span Motels Private Limited, which owns a resort Span Resorts for tourists in Kullu-Manali Valley. The problem is with another ambitious venture floated by the same company Span Club. The club represents Kamal Nath's dream of having a house on the bank of the Beas in the shadow of the snow-capped Zanskar Range. The club was built after encroaching upon 27.12 bighas of land, including substantial forest land, in 1990. The land was later regularised and leased out to the company on 11/4/1994. The regularisation was done when Mr Kamal Nath was Minister of Environment and Forests. . The swollen Beas changed its course and engulfed the Span Club and the adjoining lawns, washing it away. For almost five months now, the Span Resorts management has been moving bulldozers and earth-movers to turn the course of the Beas for a second time. The heavy earth-mover has been used to block the flow of the river just 500 metres upstream. The bulldozers are creating a new channel to divert the river to at least one kilometre downstream. The tractor-trolleys move earth and boulders to shore up the embankment surrounding Span Resorts for laying a lawn. According to the Span Resorts management, the entire reclaiming operation should be over by March 31 and is likely to cost over a crore of rupees. Three private companies one each from Chandigarh, Mandi and Kullu have moved in one heavy earth-mover (hired at the rate of Rs. 2,000. 00 per hour) , four earth-movers and four bulldozers (rates varying from Rs. 650. 00 to Rs. 850. 00 each per hour) and 35 tractor-trolleys. A security ring has been thrown all around. . Another worrying thought is that of the river eating into the mountains, leading to landslides which are an 392 occasional occurrence in this area. Last September, these caused floods in the Beas and property estimated to be worth Rs. 105 crores was destroyed. . Once they succeed in diverting the river, the Span a management plans to go in for landscaping the reclaimed land. But as of today, they are not so sure. Even they confess the river may just return. Mr Kamal Nath was here for a short while two-three months ago. He came, saw what was going on and left. I suppose he knows what he is doing says another executive. The District Administration pleads helplessness. Rivers and forest land, officials point out, are not under their jurisdiction. Only the Kullu Conservator of Forests or the District Forest Officer can intervene in this case. But who is going to bell the country's former Environment and Forests Minister Interestingly, a query faxed to Kamal Nath for his views on these developments fetched a reply from Mr S. Mukerji, President of the Span Motels Private Limited. Admitting that the Nath family had 'business interests' in the company since 1981, he said, 'the company is managed by a team of professional managers and Mr Kamal Nath is not involved in the management activity of the company'. 'the Board comprises professionals, some of whom are friends and relatives of the Nath family', Mr Mukerji said. He expressed surprise that a reference had been made to Rangri and Chakki villagers 'since these villagers are at least 2/3 kilometres away and not even on the river side', He said the Span Club was 'not for the exclusive use of any one individual'. 'we would like to emphasize that we are only "restoring the river" to its original and natural course and are restoring our land and of those of neighbouring villagers similarly affected by the flood. ' He maintained that 'mr Kamal Nath has definitely not been to Span Resorts in the last two months and in fact, to the best of my knowledge, has not travelled to Kullu Valley for quite some time now. . In any case, we had never 'blocked' any channel in the vicinity of Span. ' "
(2.) Mr Kamal Nath filed one-page counter-affidavit dated 8/6/1996. Paras 1 and 3 of the counter are as under: "I say that I have been wrongly arrayed as a respondent in the above petition inasmuch as I have no right, title or interest in the property known as 'span Resorts' owned by 'span Motels Private Limited'. I further say that the allegations made in the press reports based on which this Hon'ble court was pleased to issue notice are highly exaggerated, erroneous, mala fide, mischievous and have been published only to harm and malign the reputation of this respondent. "
(3.) On behalf of Span Motels Private Limited (the Motel) , Mr. Banwari Lal Mathur, its Executive Director, filed counter-affidavit. Paras 2 and 3 of a the cou3 On behalf of Span Motels Private Limited (the Motel) , Mr Banwari nter are as under: "I say that Mr Kamal Nath who has been arrayed as respondent 1 in the above writ petition has no right, title or interest in the property known as SPAN RESORTS owned by Span Motels Pvt. Ltd. or in the lands leased out to the said company by the State of Himachal Pradesh. I say that the shareholding of SPAN MOTELS PVT. LTD. is as under: 388. htm;