VidhiSangh

Supreme Court of India · 10/01/2020

KAPICO KERALA RESORTS PVT. LTD. versus STATE OF KERALA & ORS.

[2020] 1 S.C.R. 909 · 2020 INSC 30

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Summary

The Court dismissed challenges by the developer of a resort on Nediyathuruthu island to orders enforcing coastal regulation restrictions and removing unauthorised construction. Substantial common issues concerning the two Vembanad backwater islands had already been determined in Vaamika Island; the suggested factual distinctions and alternative reliance on later notifications did not justify a different result.

Issues

  1. Whether Vaamika Island could be distinguished in relation to Nediyathuruthu island.
  2. Whether refusal of special leave by a reasoned order attracts merger or binding legal consequences.
  3. Whether the 2017 environmental clearance or 2019 coastal notification afforded relief.

Held

Result

All appeals dismissed without an order as to costs. The challenges to the High Court’s orders concerning the resort development, unauthorised construction and encroachment proceedings failed.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 909.