India: Top Court Orders Demolition Of Posh Kerala Flats Over Coastal Zone Rules
The Supreme Court ordered the demolition of illegal flats in Kochi's Maradu Panchayat in Kerala by September 20 for violation of Coastal Regulation Zone (CRZ) rules.
NEW DELHI: The Supreme Court on Friday ordered the demolition of illegal flats in Kochi's Maradu Panchayat in Kerala by September 20 for violation of Coastal Regulation Zone (CRZ) rules. The court has also asked the Chief Secretary to be present before the bench headed by Justice Arun Mishra on September 23.
The matter involves demolition of 400 flats in five posh coastal apartment complexes in Maradu area of Kochi.
A miffed Supreme Court expressed its displeasure at the delaying tactics being adopted to stop the demolition. It had ordered the demolition on May 8, which was to be implemented within a month, but the instructions were not followed.
Cautioning the state from taking any steps against the apex court's order, the court said: "Your state has violated the Supreme Court orders...don't get into misadventure. And don't do anything in between."
On July 5, the apex court had observed that senior counsels engaged by the petitioners had played fraud and obtained a stay order on the demolition from another bench during the vacation of the apex court.
It was on June 10 that the vacation bench of Justices Indira Banerjee and Ajay Rastogi had stayed demolition for six weeks after considering the writ petition filed by a group of residents, who claimed that their arguments were not heard by the top court while pronouncing the demolition order of May 8.
"That Bench should not have entertained the matter at all", said Justice Arun Mishra in a furious tone targeting the senior advocates who appeared in the matter.
"Should we draw contempt against you? I had specifically turned down the stay on the demolition, and then you went to other bench...have ethics gone to the docks. Three to four senior counsels are involved in this fraud. Is money everything for you?," said Justice Mishra, who apparently appeared to be furious.
The court dismissed the matter and warned the petitioners not to agitate the issue further.
In May, the Supreme Court, in the aftermath of last year's massive Kerala floods, ordered the demolition of all illegal structures built on the notified Coastal Regulatory Zone (CRZ) at Maradu. It had said that the state cannot approve illegal constructions in the light of the danger of floods and heavy rains.
The counsel for the petitioners had then contended that the Ministry of Environment, Forest & Climate Change had given approval of the Coastal Zone Management Plans (CZMPs) regarding the 10 coastal districts of Kerala. However, the approval was pending before the court.
The permission to construct the buildings was granted in 2006 when Maradu was a Panchayat.
Demolish Ernakulam's illegal Maradu apartments by Sept. 20, orders SC
Legal Corresponden t/ The Hindu News / SEPTEMBER 06, 2019
A three-member panel’s report had concluded that the flats violated stringent coastal zone regulations
The Supreme Court on Friday gave the authorities time till September 20 to demolish the illegal apartment blocks at the Maradu panchayat in Ernakulam district of Kerala for violating stringent coastal zone regulations.
A Bench of Justices Arun Mishra and M.R. Shah further directed the Kerala Chief Secretary to be present in the courtroom on the next day of hearing on September 23.
The court refused Kerala counsel G. Prakash's plea to give the State at least four weeks to comply with the order.
“Not a day more. Ten days is enough... Your State is known for not following the orders of this court. Do not disobey our order. We know what is happening and what you people are doing. Tell your Chief Secretary to be present here,” Justice Mishra shot back at Mr. Prakash.
Recently, the Bench refused a plea by residents of these flats for a rethink, saying the order to raze the flats, where over 400 families stay, was both detailed and clear.
On July 10, the Bench rejected a review petition in the same case. The issue saw Justice Mishra launch a stinging criticism against the residents for approaching another Supreme Court Bench to get a stay of the demolition on the sly.
On May 8, the Bench led by Justice Mishra ordered the flats to be demolished within a month. However, on June 10, the residents approached another Vacation Bench of the Supreme Court led by Justice Indira Banerjee to get a stay. The residents complained that they were not heard by Justice Mishra’s Bench before the demolition order was passed.
A livid Justice Mishra had called the act of the residents to pit the order of one Bench against another an “absolute fraud” committed on the court. The judge even threatened contempt even against the lawyers involved. Finally, the residents had to withdraw their plea.
The builders argued that the apex court-appointed three-member committee did not give them a proper hearing on the show-cause notice pertaining to violations and, therefore, the demolition order violated their fundamental right.
They alleged that the court was misled by the Kerala Coastal Zone Management Authority (KCZMA) into passing the May 8 decision.
The three-member panel’s report had concluded that the buildings fell within the CRZ-III limits. It had stated that as per the CRZ notification of 1991 and the Kerala Coastal Zone Management Plan 1996, the area in question came under CRZ III. As per the CRZ notification 1991, no construction was permitted within 200 metres from the coastal line in CRZ III.
They submitted that the KCZMA hid a vital fact from the Supreme Court — that is, a more recent Coastal Zone Management Plan prepared pursuant to a 2011 CRZ notification was approved by Ministry of Environment and Forests on February 28, 2019, by which the Maradu area was categorised under CRZ-II.
The May 8 judgment blamed the “devastating effects” of unbridled construction activities in eco-sensitive areas with natural water flow. It said illegal constructions on river shores and “unscrupulous trespass’ into the natural path of backwaters had led to natural calamities like those seen in the recent floods in Tamil Nadu, Kerala and Uttarakhand.