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SC Refuses To Extend Time To Demolish Buildings Built In Violation Of CRZ Regulations [Read Order]

26 May 2019 7:42 AM GMT
SC Refuses To Extend Time To Demolish Buildings Built In Violation Of CRZ Regulations [Read Order]
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The Supreme Court rejected the plea seeking extension of time for demolition is of the buildings which were built in violation of Coastal Regulatory Zone Regulations within the prohibited area of CRZ Category in Maradu Municipality of Ernakulam District in Kerala.

On 8th May, the Court had ordered the removal of all illegal structures within one month.

In an application filed by a resident of one such flat moved through Senior Advocate Ajit Kumar Sinha, it was contended that some facts were suppressed from the bench during the hearing of the appeal. But the bench comprising of Justice Arun Mishra and Justice MR Shah said:

"We are of the view that it was very much clear before this Court and thereafter, the order was passed by this Court. Hence, we are not inclined to entertain this application. There is no question of extension of time."

The court said that it would be open to the applicant to claim compensation from the promotor/builder in accordance with law in appropriate proceedings. However, that shall not mean that the premises have not to be vacated, it said.

While setting aside the Kerala High court order, the bench comprising Justice Arun Mishra and Justice Navin Sinha had observed that the construction activities in the notified CRZ areas can be permitted only in consultation with and concurrence of the Coastal Zone Management Authority. The High Court had taken the view the permit holders cannot be taken to task for the failure of local authorities in complying with the statutory provisions and notifications.

Allowing the appeals filed by the Authority, the bench had ordered: "Permission granted by the Panchayat was illegal and void. No such development activity could have taken place. In view of the findings of the Enquiry, Committee, let all the structures be removed forthwith within a period of one month from today and compliance be reported to this Court." 
Read Order

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