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Maradu Demolitions : Supreme Court Appoints Ex-Judge Justice Thottathil Radhakrishnan For Enquiry About Persons Responsible For Illegal Constructions

LIVELAW NEWS NETWORK
5 May 2022 7:50 AM GMT
Maradu Demolitions : Supreme Court Appoints Ex-Judge Justice Thottathil Radhakrishnan For Enquiry About Persons Responsible For Illegal Constructions
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The Supreme Court has appointed Justice Thottathil B Radhakrishnan, former Chief Justice of the Calcutta High Court and former judge of the Kerala High Court, to enquire about the involvement of Builder/Promoter/persons/officials responsible for the illegal construction of the buildings in Maradu, Kochi.A bench comprising Justices L Nageswara Rao and BR Gavai passed this direction observing...

The Supreme Court has appointed Justice Thottathil B Radhakrishnan, former Chief Justice of the Calcutta High Court and former judge of the Kerala High Court, to enquire about the involvement of Builder/Promoter/persons/officials responsible for the illegal construction of the buildings in Maradu, Kochi.

A bench comprising Justices L Nageswara Rao and BR Gavai passed this direction observing that it is concerned with the amount of Rs.61.50 crores, which has been paid by the State Government to the flat owners, being refunded to the State Government by those responsible for the illegal construction.

"The State Government shall provide the necessary facilities and extend all cooperation to Justice Thottathil B. Nair Radhakrishnan for completing the enquiry expeditiously. The builders of the flats are also directed to appear before Justice Thottathil B. Nair Radhakrishnan as and when summoned. Justice Thottathil B. Nair Radhakrishnan may determine the fee for conducting enquiry which shall be paid by the State Government initially subject to further orders of this Court", the order stated.

The bench requested Justice Radhakrishnan to conduct the enquiry expeditiously and submit the report by the 2nd week of July, 2022.

The builders submitted that as per order dated 27.09.2019, it was necessary to find out who is responsible for the illegal construction before determining the quantum of liability.

Four high rise apartment buildings in Maradu were demolished in January 2020 following the directions issued by the Supreme Court after finding that they were built in violation of the relevant Coastal Regulation Zone norms.

In September 2019, the Court had appointed former Kerala High Court judge Justice K Balakrishnan Nair to head the panel to fix the compensation payable to flat buyers.

Case : Kerala Coastal Zone Management Authority versus Maradu Municipality and others

Click here to read/download the order

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