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The Hindu
The Hindu
National
Legal Correspondent

Plea against demolition of Kerala resorts rejected

A view of the Supreme Court of India in New Delhi. File (Source: The Hindu)

The Supreme Court on Friday dismissed appeals by Kapico Kerala Resorts Private Limited, against a Kerala High Court decision banning the construction of resorts and removal of structures on backwater islands on Vembanad lake in Alappuzha district of the State.

A three-judge Bench of Justice Rohinton F. Nariman, Aniruddha Bose and V. Ramasubramanian confirmed the High Court decision that the constructions violate coastal and environmental regulations. The 35-page apex court judgment was authored by Justice Ramasubramanian.

The case concerned the development of resorts on the two backwater islands of Vettila Thuruthu and Nediyathuruthu on the Vembanad. In 2013, the High Court had allowed petitions filed by conservationists, societies, trade unions, workers and traditional fishermen, and held that the action initiated by the authorities under the Land Conservancy Act for removal of encroachments should continue.

The court had then ordered the Centre or the coastal authorities to ensure that the encroachments are removed in three months.

The High Court had also decided that the project proponent for Nediyathuruthu, Kapico, and that for Vettila Thuruthu, Vaamika, should not carry out any further constructions. The court had also ordered the government to remove the unauthorised structures put by Vaamika and take action in regard to the unnumbered buildings on Vettila Thuruthu.

The High Court had later dismissed review petitions filed against the 2013 judgment and, instead, ordered the demolition of the unauthorised constructions.

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