Did the Kerala HC Just Quash the Elappully Brewery Project?
Synopsis
Key Takeaways
- Kerala High Court annulled the preliminary approval for the Elappully brewery.
- The decision was based on insufficient studies and considerations.
- Local opposition highlights environmental and social concerns.
- The government can reconsider the project after a thorough assessment.
- This ruling may influence future state project approvals.
Kochi, Dec 19 (NationPress) In a significant blow to the Kerala government, the High Court on Friday annulled the preliminary authorization for the planned brewery project in Elappully, located in Palakkad district. The court ruled that the clearance was granted without a thorough investigation or proper consideration.
A Division Bench overturned the initial approval given to Oasis Company, stating that the decision was made hastily and without the necessary detailed assessment appropriate for a project that poses serious environmental and societal implications.
The court emphasized that such approvals cannot be issued mechanically or merely as a procedural formality.
The Bench highlighted the state's failure to conduct any substantial evaluation prior to granting the initial clearance.
Stressing the importance of due diligence, the court asserted that a thorough and scientific analysis is crucial before making any determinations about the project's viability.
“The materials presented to the court suggest that no adequate or in-depth study was undertaken before the preliminary approval was granted,” the court noted, adding that this oversight compromised the government's decision-making process.
Nevertheless, the court clarified that the government is not indefinitely barred from reconsidering the proposal.
It stated that the state has the freedom to make a new decision regarding the approval, but only after conducting a comprehensive and proper study of all pertinent factors, including environmental impacts and public interest concerns.
The preliminary approval that was annulled was initially granted to Oasis Company as part of the early authorization steps for establishing the brewery in Elappully, a proposal that has sparked ongoing local opposition and public discourse.
Local residents and environmental advocates opposing the project contend that a brewery in the region could negatively impact water resources, agriculture, and the delicate local ecosystem.
Conversely, the government argued that the clearance was merely preliminary and that additional approvals would be necessary before the project could advance.
This ruling is anticipated to have broader implications for how preliminary clearances are issued by the state in the future, especially in cases where public interest and environmental considerations are at stake.