Kochi: Kerala High Court has said that resorts do not come under 'small shop' category and upheld denial of permits by the state to small resorts. The verdict has a huge impact on the tourism sector, especially in Munnar and Wayanad. "With marching times, the purpose of assignment cannot assume dimensions which were never intended, especially of forest lands, particularly now, when the focus is on preservation of nature and avoidance of environmental depredation. This Court cannot but notice that this is one instance in which official apathy and governmental interference has not meddled with the statutory principles of public trust doctrine." the court held.
The petitioner Madhu John of Kadavnathra challenged an order declining the No Objection Certificate (NOC) for construction of a resort in a property. The Chinnakanal granma panchayath refused to grant NOC based on a Circular issued by the state. The Government by a Circular held that resorts would not come under the category of small shops and the petitioner contended that the move is arbitrary.
Petitioners argued that as per the Rule 3 of the Special Rules of 1993, lands might be assigned on registry for purpose of personal cultivation or for house sites or for shop sites as the case may be. The Government by a circular had modified it. The state opposed the plea and submitted that the construction of a tourist resort or a lodging house would not come within the purposes intended by the Special Rules of 1993 and hence, the NOC was declined.
