K.SANIL KUMAR Vs. SHAJI MATHEW

JUDGEMENT

(1.) Alleging wilful disobedience of the judgment dated 16.12.2015 in W.P. (C) No.16783 of 2009, this contempt petition has been filed. Writ petitioner approached this Court challenging illegal reclamation of paddy land on Vembanadu Kayal in Udayamperoor Panchayat, violating the Coastal Zone Regulations, by the respondents - M/s. Boutique Hotels India Limited and Lakshmi Paper Industries Limited. After due consideration, a Hon'ble Division Bench of this Court took note of the fact that cost of the hotel was around Rs.27.36 Crores and the project area was included in Orange category.

(2.) The Court also took note of the fact that reclamation/construction is unauthorisedly effected in No Development Zone to an extent of 100 metres from the High Tide Line. It was, therefore, opined that feasibility of such hotel construction and the potential threat to the environment have to be first ascertained, particularly in view of the fact that the project cost is above Rs.5 Crores. Accordingly, environmental clearance from the Ministry of Environment, New Delhi, in terms of CRZ Notification of 1991 was declared to be mandatory and the respondents were asked to proceed with reclamation/conversion or construction, only after obtaining the clearance. In the same context, sanction dated 12.05.2006 issued by the Coastal Zone Management Authority was made subject to the outcome of the clearance, given by the Ministry of Environment and Forest. Relevant portion of the said judgment is extracted hereunder:

(3.) Short facts leading to this contempt petition are that, W.P.(C) No.16783 of 2009 was filed when Boutique Hotels India Ltd., and Lakshmi Paper Industries Ltd., attempted to construct a resort illegally, causing environmental hazards and damage to the eco-system. Writ court while disposing the writ petition vide judgment 16.12.2015 found that order dated 12.05.2006 issued by the Kerala Coastal Zone Management Authority granting clearance [Ext.R6(m)] was given to eight companies on the premise that the project cost was less than Rs.5 Crores. In fact, the cost was much beyond that and hence, respondents 6 and 7 therein have proceeded further, after obtaining clearance from the Ministry of Environment and Forest, Government of India. It was further ordered that no reclamation/conversion or construction shall be effected in furtherance to the project till such time.