Kerala HC quashes preliminary nod for Elappully brewery, blow to Vijayan govt

Kochi, Dec 19 In a major setback to the Kerala government, the High Court on Friday quashed the preliminary approval granted for the proposed brewery project at Elappully in Palakkad district, holding that the clearance was issued without adequate study or application of mind.

A Division Bench set aside the government’s preliminary nod to Oasis Company, observing that the decision had been taken in haste and without conducting the detailed examination required for a project with serious environmental and social implications.

The court said such approvals could not be granted mechanically or as a mere formality.

The Bench pointed out that the state had failed to undertake any meaningful assessment before issuing the initial clearance.

Emphasising the need for due diligence, the court held that a comprehensive and scientific study was essential before arriving at any decision on whether such a project should be permitted.

“The materials placed before the court indicate that no sufficient or detailed study was conducted prior to granting the preliminary approval,” the court observed, adding that this deficiency vitiated the government’s decision-making process.

However, the court made it clear that the government was not permanently restrained from considering the proposal.

It clarified that the state would be at liberty to take a fresh decision on granting or rejecting approval, but only after completing a detailed and proper study of all relevant aspects, including environmental impact and public interest concerns.

The preliminary approval that has now been struck down was granted to Oasis Company as part of the initial clearance process for setting up the brewery at Elappully, a proposal that has triggered sustained local opposition and public debate.

Residents and environmental groups opposing the project have argued that a brewery in the area could adversely affect water availability, agriculture and the fragile local ecology.

The government, on the other hand, had maintained that the clearance was only preliminary in nature and that further approvals were required before the project could proceed.

The judgement is expected to have wider implications for how preliminary clearances are granted by the state in future, particularly in cases where public interest and environmental concerns are involved.

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