Mineral water firms don’t need green clearance: Kerala High Court

Kochi: Kerala High Court has held that companies engaged in the business of bottled drinking water or mineral water do not need to obtain environmental clearance for making mineral water.

“The notification issued by the ministry of environment and forests does not specifically prohibit the mineral water industry. The activity is not mining, but manufacturing mineral water, which is a green category industry as per the notification by the MoEF. The industries included in the category do not require any environmental clearance,” the court observed.

A division bench comprising Chief Justice Ashok Bhushan and Justice K. Vinod Chandran issued the order on an appeal filed by the state government challenging a single judge order.

The judge had granted permission to a company for running a mineral water unit without environmental clearance. According to the J and J Minerals Pvt. Ltd, it had obtained green channel clearance of the district industries centre, Palakkad, for the factory.

The company was extracting water from two wells in its property. However, the wildlife warden of Silent Valley division, Mannarkkad, restricted the business. The company submitted that the warden had no authority to issue a stop memo.

The forest department contended that its officials were empowered to restrict such industries within the buffer zone in the interest of the national park, ensure the protection of environment and avoid disturbance of wildlife in the national park.

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