Kochi: The team of experts of the Central Water Resources Development and Management, Kozhikode, appointed by the High Court of Kerala, has recommended in its final report that The Coca-Cola Beverages Ltd can safely be permitted to draw 5-lakh litres of ground water a day for industrial use, under normal rain conditions.

In view of the change of circumstance due to the submission of the report and the availability of scientific data prepared by the experts, a division bench of the Kerala High Court opined that the writ appeal filed by the company should be re-heard along with three other writ petitions relating to the use of ground water by the company, and it should be considered whether the company could be permitted to draw 5-lakh litres of ground water a day, subject to the conditions and regulations mentioned in the final report.

The Perumatty grama panchayat (local village council)at Plakhat District, where the factory situated, had refused to renew the beverage company''s licence to run the factory after March 31, 2004, on grounds of over-exploiting ground water reserves, resulting in water scarcity in the area.

Dismissing the company''s application for the renewal of licence, the panchayat had also directed the company not to resume its operation in the absence of the licence. The state government, however, stayed the panchayat''s order.

The panchayat challenged the government''s order. A single judge upheld the action of the panchayat in not renewing the licence. The company challenged the judgement of the single judge in a writ petition before the Kerala High Court. . Since copies of the expert committee''s report have not been served on the company as well as the panchayat, they did not have an opportunity to study the report and respond, the court said. Since the company now does not hold a valid licence from the panchayat, the judges said they could not straightaway pass any order permitting the company to withdraw water as recommended by the expert team.

The Bench, consisting of Acting Chief Justice Cyriac Joseph and Justice K.Padmanabhan Nair, therefore, directed to post the appeal and the writ petitions on March 30. Objections to the report, if any, should be filed before March 28.