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Supreme Court of India 2020-01-10 dismissed

Kapico Kerala Resorts Pvt. Ltd vs State of Kerala & Ors

Bench: 3 — V. Ramasubramanian

In Brief

Kapico Kerala Resorts challenged a Kerala High Court order prohibiting development of a resort on Nediyathuruthu island in Vembanad lake, citing Coastal Regulation Zone (CRZ) Notifications. The project company argued the island was not subject to CRZ restrictions and claimed prior permits and legitimacy. The Supreme Court dismissed the appeals, holding that the core issues had been authoritatively decided in a parallel case (Vaamika Island) concerning an adjacent island. The Court found backwater islands in Vembanad lake fall under CRZ-I as ecologically sensitive areas and the High Court's findings on salinity, filtration ponds, and lack of island-specific studies were binding. The Court rejected alleged distinguishing features as insubstantial and upheld environmental protection over property rights claims.

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Environmental Law Coastal Regulation Property Rights Administrative Law

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