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

Civil Appeal · 2020 INSC 30Decided 10 Jan 2020
Civil Appeal Nos. 184-186 of 2020
Justice Rohinton Fali Nariman · Justice Aniruddha Bose · Justice V. Ramasubramanian

Background

Kapico Kerala Resorts wanted to build a resort on Nediyathuruthu, a backwater island in Vembanad Lake, Kerala. Local fishermen, a welfare society, and a trade union objected, arguing the island fell within an ecologically protected Coastal Regulation Zone (CRZ) and construction there was unlawful. The Kerala High Court ruled against the resort developer and ordered removal of encroachments; a related case concerning a neighbouring island (Vettila Thuruthu) had already been decided against a similar developer by the Supreme Court in 2013. Kapico appealed, arguing its island's facts were different enough that the Court should examine the issues afresh.

Decision Breakdown

The Supreme Court held that the core issues, whether the island fell under CRZ I (the strictest protection category), whether required scientific studies and procedures were followed, and whether the developer's permits could override the environmental classification, had already been conclusively decided in the 2013 judgment on the sister island, and that Kapico's claimed factual differences were not substantial enough to warrant a fresh look. The Court also rejected alternative arguments based on later regularisation and relaxed notifications, finding neither helped the appellant's case. All appeals were dismissed, and the High Court's order requiring removal of encroachments and barring further construction was upheld.

Lesson Learnt

Coastal and wetland protections are strictly enforced even against developers holding local permits and NOCs, and once the Supreme Court has settled a legal issue on near-identical facts, a party cannot simply re-litigate it by pointing to minor factual distinctions.

Official source (sci.gov.in)View Judgment (PDF)

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