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All Four Maradu Flats Demolished In Execution Of SC Direction

LIVELAW NEWS NETWORK
12 Jan 2020 9:02 AM GMT
All Four Maradu Flats Demolished In Execution Of SC Direction
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All four apartments in Maradu, Kochi, have been demolished as per the direction of the Supreme Court.Two of the apartment complexes - "H2O" of Holy Faith Builders Ltd and "Alfa Serene" of Alfa Venture (P) Ltd -were razed down through controlled implosion yesterday.The demolition of the other two complexes - "Jain Coral Wave" of Jain Housing & Construction Ltd and "Golden Kayaloram" of K...

All four apartments in Maradu, Kochi, have been demolished as per the direction of the Supreme Court.

Two of the apartment complexes - "H2O" of Holy Faith Builders Ltd and "Alfa Serene" of Alfa Venture (P) Ltd -were razed down through controlled implosion yesterday.

The demolition of the other two complexes - "Jain Coral Wave" of Jain Housing & Construction Ltd and "Golden Kayaloram" of K P Varkey  Builders- was carried out today.

While the demolition of "Jain Coral Wave" was carried out today morning around 11.15 AM, the demolition of 'Golden Kayaloram' was done around 2.30 PM.

The buildings were directed to be demolished on the findings that they were built in violation of the Coastal Zone Regulation notification.

Here is a time-line of the case :

  • 2006          : The Madaru Grama Panchayat issues show-cause notices to the builders for cancellation of the building permits, citing, among other things, CRZ violation.
  •                   The builders approach the High Court challenging the notices. HC stays the notice, and construction activities proceed on this basis.
  • 2012             : Single Bench of HC (Justice K Surendra Mohan) allows the writ petitions of builders, holding that Government had no power to issue instructions to the Panchayat.  
  • 2, June, 2015 : Division Bench of HC (Justices Antony Dominic & SP Chaly) affirms the Single Bench decision. Holds that permit holders cannot be taken to task for the failure of                               Panchayath in complying with the requirement of seeking CZMA's permission for issuing permits.
  • Nov,11, 2015  : The same bench later dismisses review petitions filed by KCZMA.
  • 2016                : Kerala Coastal Zone Management Authority files special leave petitions in SC.
  • Nov, 27,2018   : SC constitutes a three member committee to examine whether the area fall within CRZ-III as per 1991 notification.
  • May 8, 2019    : SC bench of Justices Arun Mishra and Navin Sinha orders demolition of the buildings within one month based on the findings of the Committee that the buildings                                 fell  within CRZ-III.
  • June 10, 2019 : A vacation bench of SC stays the demolition for six weeks on petitions filed by residents complaining that they were not heard before the demolition order.
  • July 5, 2019    : A bench headed by Justice Arun Mishra dismisses the plea of residents. Criticizes the parties for indulging in 'bench hunting' to secure stay on demolition.
  • July 10, 2019  : A bench headed by Justice Arun Mishra dismisses the review petitions filed by builders. 
  • Sep 6, 2019   : The SC takes suo moto notice of the non-compliance of the demolition orders. Sets a deadline of September 20 for demolition and directs the appearance of Chief Secretary on non-compliance.
  • Sep 23, 2019  : Chief Secretary Tom Jose appears before bench headed by Justice Arun Mishra. Court directs the filing of an affidavit detailing the demolition plan.
  • Sep 25, 2019  : SC dismisses a plea by a local resident against demolition order citing 'collateral damage'.
  • Sep 27, 2019  : SC constitutes a committee headed by retired Kerala HC judge Justice K Balakrishnan Nair for assessment of compensation for residents. Orders interim compensation of Rs 25 lakhs. Properties of builders ordered to be attached.
  • October          : Steps for evacuating the residents begin.  
  • Oct 26, 2019   : SC clarifies that each owner will get Rs 25 lakhs compensation as interim amount, regardless of amount shown in the sale deed.
  • Nov 25, 2019  : SC directs builders to deposit Rs 61.50 Crores with Kerala Govt for disbursing compensation to residents.
  • January 11& 12, 2020 : Flats demolished.

Click here to download the Kerala HC judgment which was set aside by SC

Read the Kerala HC judgment



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