Maradu apartments demolition order

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H2O Holy Faith - Maradu - Demolition H2O Holy Faith - Maradu - Demolition.jpg
H2O Holy Faith - Maradu - Demolition
H2O Holy Faith - Maradu - Demolition 2 H2O Holy Faith - Maradu - Demolition 2.jpg
H2O Holy Faith - Maradu - Demolition 2
Alfa Serene Tower 1 - Maradu - Demolition Alfa Serene 1 - Maradu - Demolition.jpg
Alfa Serene Tower 1 - Maradu - Demolition
Alfa Serene Tower 2 - Maradu - Demolition Alfa Serene 2 - Maradu - Demolition.jpg
Alfa Serene Tower 2 - Maradu - Demolition

On 8 May 2019, the Supreme Court of India ordered five apartments in Maradu municipality in Kerala to be demolished within one month, for violation of Coastal Regulation Zone (CRZ) rules, however, only four of these apartments had been constructed. [1] The four apartments already completed and occupied by the people were Jains Coral Cove(Jain Housing and Construction Ltd), H2O Holy Faith (Holy Faith Builders and Developers Pvt Ltd) and Alfa Serene (Alfa Ventures Private Ltd) and Golden Kayaloram (KP Varkey & VS Builders). The fifth builder, Holiday Heritage, had scrapped the project. [2]

Contents

The order was passed by a bench consisting of justices Arun Mishra and Navin Sinha. The H2O Holy Faith and Alpha Serene buildings were demolished on 11 January 2020 and the Jains Coral Cove and Golden Kayaloram were demolished on 12 January 2020 through implosion.

Background and timeline

Holy Faith H2O Explosion sequence HOLY FAITH EXPLOSION SEQUENCE.jpg
Holy Faith H2O Explosion sequence

Position of Golden Kayaloram residents

A curative petition was filed by the residents of Golden Kayaloram apartment on 10 September 2019. The petition was accepted by the court registry. It listed serious mistakes in 8 May Supreme Court order. The petition pointed out that a three-member technical committee was formed by the three member court appointed committee without the permission of the court. [15]

The NOC was issued to Golden Kayaloram in 1995 (NO.A3.3/95) by the Secretary of Maradu Grama Panchayat and a copy of this was submitted as exhibit P1 in WP(C).No. 23293 of 2007 (W). [5] This no objection certificate was issued by the Grama Panchayat before the Coastal Zone Management Plan (CZMP) of Kerala was approved in 1996. [6]

The three member committee appointed by the Supreme Court of India had issued a notice to the builders of the apartments to respond about their CRZ status. No resident was asked to respond. The builder of Golden Kayaloram had submitted that "there are no CRZ violations alleged against M/s. Kayaloram Apartments by CZMA or any other authorities. Hence the proceedings with respect to CRZ violations is not sustainable against M/s. Kayaloram Apartments..." [7]

Maradu and CRZ II and III

CRZ I areas are those "areas that are ecologically sensitive and important, such as... wildlife habitats, mangroves,... coral reefs, ...close tobreeding and spawning grounds of fish and other marine life, ...rich in genetic-diversity, ...likely to be inundated due to rise in sea level consequent upon global warming and such other areas as may be declared....." [4]

CRZ II areas are those "that have already been developed upto or close to the shoreline." "Developed area" is defined as "...area within the municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains." [4]

CRZ III is described as "the areas that are relatively undisturbed and those which do not belong to either Category-I or II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up". [4]

Maradu is currently a municipal area and even before it was converted into a municipality, it was a legally designated urban area since it came under the Greater Cochin Development Authority. [16]

The DLF property on the same banks of Chilavannoor lake also is in violation of CRZ norms (CRZ-I). It was first ordered to be demolished in 2012 by the single bench of Kerala High Court, but was stayed by the division bench. Instead, the division bench allowed regularization of the building after imposing a fine of 1 crore. An appeal went against this overruling to the Supreme Court of India, but the verdict was upheld. [17] [18]

Opinions

A Mumbai-based advocate and the president of National Lawyers Campaign for Judicial Transparency and Reforms said that as per notification issued in 2011 by the central government, Maradu was brought under CRZ II and that even if the buildings were demolished, they could be reconstructed at the same location. Rules are procedural laws brought by the executive for enforcing the acts of parliament. The rules which are applicable to the buildings now are the rules in force today. As CRZ II applies to the buildings in question and there is no violation. The procedure adopted by the Supreme Court in bypassing the Kerala Municipality Act and rules under it was without jurisdiction and shocking. [19]

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