28 Sep 2019 11:09 AM GMT
The Supreme Court has appointed Justice K Balakrishnan Nair, former judge of High Court of Kerala, to head the committee for deciding the actual amount of compensation payable to the owners of flats in the four apartments in Maradu, Kochi, which have been ordered to be demolished for CRZ violations.The bench of Justices Arun Mishra and Ravindra Bhat made the appointment as agreed by...
The Supreme Court has appointed Justice K Balakrishnan Nair, former judge of High Court of Kerala, to head the committee for deciding the actual amount of compensation payable to the owners of flats in the four apartments in Maradu, Kochi, which have been ordered to be demolished for CRZ violations.
The bench of Justices Arun Mishra and Ravindra Bhat made the appointment as agreed by the parties.
The Court had ordered the interim payment of Rs. 25 lakhs as compensation to the flat owners by the State Government. "It is made clear that the amount shall be recoverable from the Builder/Promotor/the persons/officials responsible for raising the construction", clarified the Court.
The order stated further :
"Let the Builder/Promotor/persons/officials responsible for raising the construction may also be associated with the exercise to be done and the actual amount paid by owners may also be ascertained. This is ordered without prejudice to other proceedings which may be taken by the flat owners against the Builder/ Promotor/ persons/officials responsible for raising the construction for realisation of damages/compensation".
The Court has issued notice to the four builders - Alfa Venture (P) Ltd, Holy Faith Builders and Developers (P) Ltd, Jain Housing and Construction Ltd and K P Varkey and Builders - in the proceedings. Their properties and bank accounts have been attached.
The Court has also directed the demolition process to be carried out as per the time schedule submitted by the Kerala Government. The Kerala Government has submitted an affidavit stating that demolition work will start on October 9 and can be completed within 90 days. The matter is posted next on October 25 for reporting progress. In case of non-compliance of the directions, the Chief Secretary has been ordered to be personally present before the Court on the next date of hearing.
Justice K Balakrishnan Nair was appointed an additional judge of the High Court on September 7, 2001 and permanent judge on November 27, 2002, after practicing as an advocate for nearly 27 years. After retirement from service on April 12, 2010, he was appointed as the Chairman of the Kerala Administrative Tribunal.
As a judge of the High Court, Justice Balakrishnan Nair had directed Hindustan Coca-Cola Beverages Private Ltd to shut down their borewells and bottling plants in Plachimada in Palakkad district in a case filed by Perumatty Grama Panchayath, on findings of unauthorized extraction of ground water.
Click here to download order