AW HOSPITALITY PRIVATE LIMITED \ D. JOHN PAUL LOUIS Vs. KOTTUKAL GRAMA PANCHAYATHU \ STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.12933 of 2017 has been filed by a Company seeking to quash Ext.P11 communication of the 1 st respondent-Panchayat cancelling the Building Permit issued to the petitioner. W.P.(C) No.25308 of 2017 is filed by a citizen seeking to quash Exts.P4, P9 and P11 and to direct the 2nd respondent-State Environment Impact Assessment Authority Kerala to revoke Ext.P4 EC in exercise of the powers under Clause 8(iv) of the EIA Notification dtd. 14/9/2006. The petitioner has sought for certain other incidental reliefs also.

(2.) The petitioner in W.P.(C) No.12933 of 2017 stated that the petitioner is absolute title holder in possession of land having an extent of 275.37 Ares equivalent to 680.163 Cents. The petitioner had purchased the land from M/s.Artech Realtors Ltd. who held a Building Permit for constructing Hotel-cum-Apartment project spread over 275.37 Ares of property. After the petitioner purchased the land, the Panchayat transferred the Building Permit in the name of the petitioner as per Ext.P4.

(3.) The petitioner states that certain portion of their property comes under the purview of Coastal Regulation Zone. Therefore, the project proposal was sent to the State Environment Impact Assessment Authority. The Centre for Earth Science Studies conducted an investigation regarding the feasibility and impact of the proposed project. The Centre for Earth Science Studies reported that a part of the proposed site comes under the category CRZ-III and that the proposed construction is beyond 500 m. from HTL. The State Environment Impact Assessment Authority gave Environmental Clearance to the project, as per Ext.P6 dtd. 7/5/2014.