Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment Protection Lake and Backwater Islands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Environment – Lake and Backwater Islands – Protection of – The High Court, in a batch of cases, was concerned about the development of resorts in two backwater islands, by name Vettila Thuruthu namely, Vaamika and Nediyathuruthu, located in Vembanad lake – The High Court, first in a batch of writ petitions and then in a batch of review petitions, prohibited projects proponents from carrying on the activity of development of resorts on basis of Kerala Coastal Zone Management Plan and the Regulation Zone Notifications – Also, the Supreme Court had dismissed the two special leave petitions filed by the Vaamika island arising from the batch of said writ petitions regarding the construction of the resort in the Vettila Thuruthu island reported as Vaamika island v. Union of India by a reasoned judgment – Insofar, as Nediyathuruthu island is concerned, the appellant filed four special leave petitions arising out of disposal of the writ petitions and a review petition by the High Court – The appellants contended that the decision of the Supreme Court in Vaamika island was confined only to the facts relating to Vettila Thuruthu island and that since Vettila Thuruthu island and Nediyathuruthu island have different features, the correctness of the order of the High Court in relation to Nediyathuruthu island required to be gone independently – Held: The appellants cannot escape the findings recorded by the Supreme Court in Vaamika island on the common issues – Even according to the appellants, some those common issues, such as salinity, filtration ponds, cadastral maps, CVCA, etc. are dealt with by the Supreme Court in the said reported decision – The contention that these common issues are dealt with in passing, in the said judgment and that, therefore, they are entitled to be re-agitated, cannot be accepted. – If detailed reasons given by the High Court or a Subordinate Court, find acceptance by the Supreme Court, in specific terms, the question of scrutinizing them for finding out whether they were in the passing or in detailed focus, does not arise – Such an exercise would tantamount to reviewing the decision – The distinction sought to be made by the appellants between their case and the case relating to Vettila Thuruthu was that the building permit issued to Vaamika was post 2011 notification – But this distinction will not go to the rescue of the appellants, in view of the fact that the categorization under CRZ-I under the 1991 notification was upheld by the Supreme Court and this why it was found the constructions made even in Vettila Thuruthu as violative of both the notifications, namely 1999 and 2011– Furthermore, in Vaamika island, Vembanad lake has been indicated as an ecologically sensitive area and that considering the socio-economic importance of this water body, it was scheduled under ‘vulnerable wetlands to be protected’ and declared as CVCA – This finding cannot alone be applicable to Vettila Thuruthu island – Thus, distinctions sought to be made by the appellants not substantial and consequently, the appeals are dismissed. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2020 INSC 30 |
Petitioner | Kapico Kerala Resorts Pvt. Ltd. |
Respondent | State Of Kerala & Ors. |
SCR | [2020] 1 S.C.R. 909 |
Judgement Date | 2020-01-10 |
Case Number | 184-186 |
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