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Supreme Court of India 2020-01-10 dismissed

KAPICO KERALA RESORTS PVT.LTD vs THE STATE OF KERALA AND ORS. ETC. ETC

Bench: 3 — Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian

In Brief

In this appeal, a resort developer challenged orders prohibiting construction on Nediyathuruthu island in Vembanad lake, Kerala, based on Coastal Regulation Zone (CRZ) Notifications. The developer argued the island fell under CRZ IV where restrictions were not absolute, and that regulatory failures and earlier permits undermined the prohibition. The Supreme Court upheld the High Court's decision, finding that backwater islands fall under CRZ I, not CRZ IV, and are subject to strict environmental protections. The Court held that prior High Court precedent (Vaamika Island) had conclusively decided the common issues, the distinguishing features between the two islands were immaterial, and the regulatory framework validly protected Vembanad lake as an ecologically sensitive coastal wetland. The appeals were dismissed.",

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Environmental Law Coastal Zone Regulation Property Rights Constitutional Law Administrative Law Ecological Protection Wetlands Management

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