Real Estate

Demolition drive: Maradu apartment owners to approach Kerala HC against eviction

V.Sajeev Kumar Kochi | Updated on September 15, 2019 Published on September 15, 2019

File Photo   -  The Hindu

CM calls for all-party meeting on Tuesday

As the September 20 deadline set by the Supreme Court to demolish the four apartments in Maradu near Kochi comes closer, the 350-odd flat owners have sought the intervention of the President, the Prime Minister, the State government, and legislators for protection from eviction and property demolition.

The SC in its judgment on May 8 directed the demolition of four apartment complexes — H2O Holy Faith, Jain Coral Cove, Golden Kayaloram and Alfa Serene in Maradu — as they were constructed in violation of the Coastal Regulation Zone (CRZ) rules.

As the five-day eviction notice period issued by the Maradu Municipality ended on Saturday, the apartment complexes witnessed a flurry of activities with the visits of high profile political leaders. The municipality has extended its deadline by one more day which would end on Sunday.

However, flat owners have decided not to move out from their respective apartments saying that the five-day notice is too short. It is in violation of the rules and minimum period for evacuation stipulated by law is 15 days. They have also decided to approach the Kerala High Court seeking protection for their lives and property, saying that forced removal amounts to denial of human rights.

The Kerala government has called for an all-party meeting on Tuesday to discuss the matter. Appealing to the government to adopt a humanitarian approach towards the residents, Opposition leader Ramesh Chennithala suggested proper rehabilitation and due compensation for the owners in case their flats are demolished. The BJP State unit also urged the government to come out with possible solutions to assist flat owners.

It may be recalled that the builders — Alpha Ventures Pvt Ltd, Holy Faith Builders and Developers, Jain Housing and Construction, KV Jose — in their review petitions submitted that the SC appointed three-member committee had not given them a proper hearing on the violation of the CRZ notification.

The committee said as per the CRZ notification of 1991 and the Kerala Coastal Zone Management Plan 1966, the area in question came under CRZ III. The notification stipulates that no construction was permitted within 200 metres from the coastal line in CRZ III.

The erstwhile Maradu Panchayat (now municipality) had given permission for construction of flats in 2006-07. Later, the Panchayat issued showcause notice to revoke the building permit, citing CRZ violations. The builders challenged this notice in the Kerala High Court and they started construction following the Court’s interim order.

The High Court allowed the writ petitions by the builders on the ground that the government had no power to issue instructions to a local self government authority.

The Kerala Coastal Zone Management Authority had approached the apex court against the judgment.


Published on September 15, 2019

A letter from the Editor

Dear Readers,

The coronavirus crisis has changed the world completely in the last few months. All of us have been locked into our homes, economic activity has come to a near standstill. Everyone has been impacted.

Including your favourite business and financial newspaper. Our printing and distribution chains have been severely disrupted across the country, leaving readers without access to newspapers. Newspaper delivery agents have also been unable to service their customers because of multiple restrictions.

In these difficult times, we, at BusinessLine have been working continuously every day so that you are informed about all the developments – whether on the pandemic, on policy responses, or the impact on the world of business and finance. Our team has been working round the clock to keep track of developments so that you – the reader – gets accurate information and actionable insights so that you can protect your jobs, businesses, finances and investments.

We are trying our best to ensure the newspaper reaches your hands every day. We have also ensured that even if your paper is not delivered, you can access BusinessLine in the e-paper format – just as it appears in print. Our website and apps too, are updated every minute, so that you can access the information you want anywhere, anytime.

But all this comes at a heavy cost. As you are aware, the lockdowns have wiped out almost all our entire revenue stream. Sustaining our quality journalism has become extremely challenging. That we have managed so far is thanks to your support. I thank all our subscribers – print and digital – for your support.

I appeal to all or readers to help us navigate these challenging times and help sustain one of the truly independent and credible voices in the world of Indian journalism. Doing so is easy. You can help us enormously simply by subscribing to our digital or e-paper editions. We offer several affordable subscription plans for our website, which includes Portfolio, our investment advisory section that offers rich investment advice from our highly qualified, in-house Research Bureau, the only such team in the Indian newspaper industry.

A little help from you can make a huge difference to the cause of quality journalism!

Support Quality Journalism
This article is closed for comments.
Please Email the Editor
You have read 1 out of 3 free articles for this week. For full access, please subscribe and get unlimited access to all sections.