Question

Write your opinion on the case between the coca cola company and the perumatty grama panchayat​

Answer 1

Explanation:

In May 2003, the perumatty grama panchayat, in the Indian state of Kerela, revoked hindustan coca cola beverages licence to operate it's factory in plachimada village.....

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Answer 2

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1. The point that arises for consideration in this case in whether a Grama Panchayat can cancel the licence of a factory manufacturing non-alcoholic beverages on the ground of excessive exploitation of ground water. The brief facts of the case are the following:-

3. In the light of the above resolution, the Secretary of the Panchayat issued Ext.P4 order dated 15.5.2003, cancelling the licence granted to the 2nd respondent and directing the Company to stop production with effect from 17.5.2003. The 2nd respondent challenged the said order before this Court and this Court directed the Company to invoke the statutory remedy available to it before the appropriate authority. It was also ordered therein that if the alternate remedy is invoked, status quo shall be maintained till the competent authority decides the matter. Pursuant to the said Judgment, the 2nd respondent moved the Government in appeal. Pending appeal, the implementation of Ext.P4 order was stayed. Ext.P5 is the appeal filed by the 2nd respondent before the Government. After hearing both sides, the Government disposed of that appeal by Ext.P6 order. The operative portion of the said order reads as follows:-

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4. The Government have filed a counter-affidavit supporting the impugned order. The 2nd respondent Company has also filed a very detailed counter-affidavit supporting Ext.P6.

11. The Public Trust Doctrine primarily rests on the principle that certain resources like air sea waters and the forests have such a great importance to the people as a Whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.

12. Our legal system - based on English common law - includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea-shore, running waters, air, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership".