No Construction In No-Development Zone: Lakshadweep Administration Assures Kerala High Court In PIL Against Kavaratti Resort Project

The Division Bench of Justice Gopinath P. and Justice Johnson John was considering a public interest litigation preferred by a resident of the island raising various environmental concerns and statutory violations with respect to a 105-crore-construction-project to develop 'Paradise Hut Resort' near the Western Jetty area at Kavaratti Islands.

"The learned Standing Counsel appearing for the Lakshadweep Administration submits that the Administration is developing a tourist resort. He submits that no construction will be made in the No-Development Zone," the Court recorded in its interim order.

According to the petitioner, the construction is being conducted in a highly fragile and ecologically sensitive coastal zone and if it is permitted to continue, there would irreversible environmental degradation.

He has further stated that the constructions were in violation of the Island Protection Zone Notification, 2019, the Integrated Island Management Plan of Kavaratti Island and the recommendations of the Justice R.V. Raveendran committee.

The Notification mandates that development activities cannot be undertaken within 20m of HTL (High Tide Line) at Kavaratti whereas the present one is hardly 12m away from the normal water line, it is stated.

The plea further states that the nature and extent of the construction is progressing fast with foundational structures already being laid. Moreover, there is physical alteration of the coastal landscape with levelling and disturbance of the natural terrain, “posing a direct and imminent threat to the coastal ecosystem and marine environment.”

As per the plea, another resident had filed an RTI request seeking information from the Ministry of Environment, Forest and Climate Change regarding clearance for the project and the reply received on February 26 this year revealed that no clearance has been granted for any project in the area. This, according to the plea, points to the fact that the ongoing construction is being carried out without adhering to mandatory statutory requirements.

It is further stated that though the petitioner sought information regarding the project, the Administration refused to disclose the same. The lack of transparency is also indicative of the arbitrary manner in which the Administration is executing the project, states the plea.

The plea also points out that the residents of the island were not consulted or informed before undertaking the project when all development initiatives ought to be undertaken taking into account the interest, rights and participation of the local population.

The plea alleges that the actions of the Administration amounts to a violation of Article 21 of the Constitution since the island's inhabitants are entitled to clean and healthy environment.

Concerns regarding waste management systems is also raised in the plea:

“The islands, by their very nature, lack the infrastructural capacity to handle large-scale solid and liquid waste, and any failure to establish adequate waste management systems would inevitably result in pollution of land and surrounding marine waters, thereby exacerbating environmental degradation. In the absence of any disclosed environmental impact assessment, waste management plan, or regulatory approvals, the continuation of the project reflects a complete disregard for the principles of sustainable development and precautionary principle which have been consistently recognised and enforced by constitutional courts.”

The plea prays for a direction for immediate stoppage of all construction activities in the area. The same prayer is sought for as an interim relief.

The petitioner also seeks a direction to the Lakshadweep Coastal Zone Management Authority (LCZMA) and the Central government to ensure that no construction except those permitted and regulated under the Notification is done within 20 HTL.

Additionally, the plea also prays for a direction to ensure restoration of the affected area to its original ecological condition.

The case is posted on April 21 (Tuesday) for further consideration.

The petition is moved by Advocates V.V. Surendran, P.A. Harish and Apoorva Ramkumar.

Case No: WP(PIL) No. 86/2026

Case Title: T.K. Sayedali v. Union Territory of Lakshadweep and Ors.