An application for review petition regarding the demolition of three apartments in Maradu, Kochi for violation of CRZ norms has been filed. The directions to demolish were given by Supreme Court in judgment on 8 May and exactly one day before the deadline for demolition the application was filed by one of the builders.
Although the area of Maradu is categorized under CRZ-II as per the Coastal Zone Management plan prepared for the area as per CRZ notification duly approved by Union Ministry of Environment and Forest, Supreme Court without taking into view this the fact passed an order for demolition considering that the area is categorized under CRZ-III. This was stated in the review petition.
In a petition filed by Holy Faith Builders and Developers, developers of apartment named "H2O" mentioned that construction of such nature is now legal and permissible.
The order of Supreme Court was passed by bench comprising of Justices Arun Mishra and Navin Sinha on the report submitted by a committee of three members specially appointed by court which stated that at the time of construction that area was categorized under CRZ-III where such type of constructions were prohibited. It was pointed out by the court that the Panchayat has granted permission without the concurrence of Coastal Zone Management Authority, which was necessary. Also bench throw light on the point that the issue was relating to legality of construction when they were made and not relating to present situation.
The court was of the view that floods which were faced by the state last year was "due to unbridled build construction activities resulting into collossal loss of human life and property" and hence authority directed to implement the order in a month.
The review petition also contended that the three member committees consisting of Secretary to the Local Self Government Department, the Chief Municipal Officer of concern municipality and the Collector of the District have not taken into consideration the views of affected parties prior to the submission of report. Demolition order which was passed against 3 apartments affected nearly 400 families.
It was submitted by the petitioner that the area of Maradu was under the Panchayat system and in 2010 it was upgraded to municipality. The builder stated that now Maradu is a fully developed urban area and not adjacent two coastal areas hence it does not falls within the ambit of CRZ.
The review petition was file on the order of Supreme Court in the case of DLF apartments in Kochi. In that case it was held that builders cannot be held liable for the failure of authority to take proper actions. In the present case KCZMA are still doubtful regarding violation and construction was completed on the basis of deemed environmental clearance as authority field on their part. Also show the authority was of the view that they will take action against violation after completion of construction which was criticized by Supreme Court.
In the instant case, the KCZMA did not act promptly against the alleged violations, and did not question the building permits issued to the builders, argues the builder in the review petition. On May 26, the SC had dismissed an application filed by a resident seeking extension of time.
Courtesy/By: Renu Kathale
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09 Jun 2019
