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The construction of the mall was earlier challenged before the High Court alleging that the construction was done in violation of the Environmental Impact Assessment (EIA) notification and the Coastal Regulation Zone (CRZ) regulations.
A Supreme Court bench headed by Chief Justice of India Justice NV Ramana today dismissed a petition alleging that Thiruvananthapuram's Lulu Mall was built in violation of environmental rules and regulations. The bench, while dismissing the plea, observed that the mall had received all the permissions at various stages.
The bench also consisting of Justices JK Maheshwari and Hima Kohli dismissed the plea filed by one MK Salim challenging the judgment of Kerala High Court dated August 13, 2021 which had held that the mall did not violate either the Environmental Impact Assessment (EIA) notification or the Coastal Regulation Zone (CRZ) regulations.
In his plea before the Kerala High Court, Salim had stated that the mall was built in violation of CRZ -III regulations thereby destroying the ecological balance in the area. Salim had further alleged construction was prohibited as it fell within the prohibited distance from two water bodies - the Aakulam lake and the Parvathy Puthanar canal.
In Kerala High Court, it was contended that the State Environmental Impact Assessment Authority (SEIAA) was wrong in granting the EC to the project. The petitioner had contended that the SEIAA had power to grant EC only for constructions up to 1,50,000 square meters, however, the construction of the building in question is 2,32,400 Sq. Mtrs in category B as per EIA Notification 2006, which is a big violation of its power.
It was further contended that the place where the mall is now situated is a saline-prone marshy land since it is closer to the seawater. It was alleged that the site is dense and has a large variety of tree species and belongs to the forest department, but, when the construction started, deforestation was carried out and the environment was affected.
However, The Kerala High Court dismissed the petitioner’s plea.
Appearing in the Supreme Court for the mall, Mukul Rohatgi, Sr. Adv and Giri, Sr. Adv, submitted that the High Court was right in dismissing the PIL of the petitioner.
The Court, on hearing their submission, held that such PILs cannot be entertained as the proper process was undertaken prior to construction. The case was, thus, dismissed.
Case title: M.K.Salim Vs State of Kerala
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