A Supreme Court bench comprising Justices Arun Mishra and Navin Sinha while hearing a matter related to the demolition of 400 flats in five posh coastal apartment complexes in Maradu area in Kochi held that the petitioners and their senior counsels have defrauded the SC.
The Apex Court had, on 8th May, ordered the demolition of all illegal structures built on the Maradu municipality’s Coastal Regulatory Zone (CRZ) in Ernakulam District of Kerela. This order was passed in light of the disastrous Kerela floods. A vacation bench of Justices Indira Banerjee and Ajay Rastogi had, on June 10 passed an order to stay the demolition of the 400 flats while considering a writ petition filed by the home-owners.
The stay order was granted in lieu of the contention by the counsel for the petitioners that the Ministry of Environment, Forest and Climate Change had conveyed its approval of the Coastal Zone Management Plans (CZMPs) regarding 10 coastal districts of Kerala when in reality, the approval was still pending. Two apartment owners filed review petitions challenging the Court’s May order arguing that the Supreme Court did not give them a proper hearing as they appointed a three-member committee only and also that the court was misled by the Kerala Coastal Zone Management Authority.
The permission to construct buildings was granted when Maradu was a Panchayat back in 2006. The apex court, held that the state cannot approve illegal constructions by reason of the danger befalling due to floods and heavy rains, and thus directed the demolition.
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