An application for an industrial unit must be permitted or conditioned by the Panchayat and cannot be outright rejected, especially when all statutory clearances are in place.

JUDGMENT :

P.V.KUNHIKRISHNAN, J.

This case unveils the poignant story of two entrepreneurs whose dream to start an industrial unit with most modern machinery was stifled, not by law or authorities who have to decide whether there is any chance of pollution or environmental problems, but by the tumult of a handful of neighbours residing about 150 meters away from the unit and consequently the representatives of the local authority are afraid to take a decision in accordance with law. Our state, Kerala, is known as God’s Own Country. It is famous for its lush green beauty. But the state also wants industries that don't affect this natural charm. However, there is a general allegation that industries will not progress in Kerala because of people's protests and trade unionism, but, in reality, our industrial growth has been commendable in recent times. The credit goes to all Keralites and, of course, to political parties and their leaders who were in power at different periods, irrespective of the colour of their parties, and who always convinced the people of the necessity of industries in our state for our economic growth. But these isolated instances will definitely discourage entrepreneurs from investing in our state. Some political parties and elected representatives fear that siding with industry in an area will cost them their vote bank there. This is the General Election time in Kerala. The political parties and the candidates should tell the electorate and get their mandate by saying that, if they are elected, no entrepreneur in Kerala who has obtained all statutory clearances from all authorities, including pollution and environment authorities, will be forced to close down their unit because of the protest of a handful of people if their apprehension has no basis. It is the duty of the elected representatives to convince the electorate at the time of the election itself that, once statutory clearance is obtained, nothing will happen, and industrial growth is the need of the hour in our state. As I said earlier, this is a sad story of two entrepreneurs who invested crores of rupees in establishing a Hotmix Plant. The present case presents the predicament of an entrepreneur who, in compliance with all known statutory prescriptions, invested several crores of rupees to establish an industrial unit in the State. The records disclose that he secured all necessary licenses, clearances, and permits from the competent authorities after undergoing a prolonged and exacting scrutiny. It is not in dispute that no violation of environmental norms, pollution standards or other statutory vi