)SC 134 , 2014 (7 )SCALE336 , (2014 )8 SCC804 , 2015 (3 ) SCJ 49 , [2014 ]11 SCR765 , ,MANU/SC/0467/2014Gyan Sudha Misra#Pinaki Chandra Ghose#263SC3050Judgment/OrderINSC#JT#MANU#SCALE#SCC#SCJ#SCRGyan Sudha Misra,SUPREME COURT OF INDIA2014-5-151847,324415,324372,324374,2140,2142,16910,324425,324395,324400 -->

MANU/SC/0467/2014

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4912 of 2014 (Arising out of SLP (C) 17701/2012), Civil Appeal No. 4913 of 2014 (Arising out of SLP (C) 19239/2012) and Civil Appeal No. 4914 of 2014 (Arising out of SLP (C) 19240/2012)

Decided On: 25.04.2014

Appellants: Jal Mahal Resorts P. Ltd. Vs. Respondent: K.P. Sharma and Ors.

Hon'ble Judges/Coram:
Gyan Sudha Misra and Pinaki Chandra Ghose

JUDGMENT

Gyan Sudha Misra, J.

1. Leave granted.

2. These appeals by way of special leave have been preferred against the common judgment and final order dated 17.5.2012 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in three public interest litigation petitions filed by the Petitioners K.P. Sharma, Dharohar Bachao Samiti, Rajasthan and Heritage Preservation Society respectively against the State of Rajasthan and the beneficiary of the project who was Respondent No. 7 in the High Court and is now the Petitioner/Appellant in Civil Appeal (arising out of SLP(c) No. 17701/2012. The three petitions were D.B. Civil Writ (PIL) Petition No. 6039/2011, D.B. Civil Writ (PIL) Petition No. 5039/2010 and D.B. Civil Writ (PIL) Petition No. 4860 of 2010 whereby the Division Bench of the High Court was pleased to cancel an Environment and Monument Improvement/Preservation and Tourism Development Project at Jaipur by declaring it as illegal which was awarded to the Petitioner/Appellant Jal Mahal Resorts Private Limited via global tender floated in 2003 and finally granted in 2005 after all requisite approvals as per the Petitioner/Appellant under the Environmental Law including Environment Imp Assessment under the Environment Protection Act and the Notifications issued thereunder of the Rajasthan Pollution Control Board. However, in view of the cancellation of the project, the High Court has directed immediate dismantling act and removal of the entire project and diversion of the two drains which was done to purify waters of a man made artificial water body and detritus.

3. Other three Special Leave Petition bearing SLP (Civil) Nos. 22467/2012, 22820/2012 and 24341/2012 had also been preferred by the State of Rajasthan challenging the impugned judgment and order of the High Court referred to hereinbefore. But after the arguments were finally advanced by the learned Attorney General and the same also stood concluded, permission of this Court was sought by the senior Counsel Sri Jaydeep Gupta to withdraw these special leave petitions filed by the State of Rajasthan which were permitted by this Court vide order dated 05.02.2014. The petitions preferred by the State of Rajasthan assailing the impugned judgment and order thus stand dismissed as withdrawn. However, Sri Gupta submitted that he can still address the Court on merit in the connected special leave petitions bearing SLP (Civil) Nos. 17701 of 2012, 19239/2012 and 19240/2012 preferred by the Petitioner/Appellant Jal Mahal Resorts Pvt. Ltd. and Ors. against the PIL Petitioners before the High Court since the State of Rajasthan is still a party Respondent in these matters and hence it can support or oppose the impugned judgment of the High Court in spite of ........