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2003 Supreme(Ker) 160

KURIAN JOSEPH, JAWAHAR LAL GUPTA
Kottayam Nature Society – Appellant
Versus
Union of India – Respondent


Judgment :-

1. A joint venture between the Kerala State Tourism Development Corporation and the Oberoi Hotels is the bone of contention in these three petitions. The location is the Pathiramanal Island. A piece of land measuring 48.2 acres has been given on lease for a period of 30 years. The Island is in the Vembanad Lake. It has abundance of acquatic life. But it is ecologically fragile. It has a wealth of flora and fauna. Flocks of migratory birds visit it. It is a'sanctuary'. It is recreationally resourceful. On April 13, 2000, the Government had decided to give the land on lease without any environmental audit or impact assessment. Its pristine beauty is endangered. It provides a profound charm to the innocent. It is sublimely satisfying for the curious Ornithologist. In a nutshell, the petitioners allege that the beginning of any kind of construction on the Island would be the end of its beauty. Still more, the land was taken over by the State under the provisions of the Kerala Land Reforms Act, 1963. It can be used only for the purposes as envisaged in S.96 and for no other. The lease contravenes the provisions of the Act. Thus, the petitioners pray that the decision to give







































































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