SC rejects review petitions filed by builders against demolition of five apartment complexes in Maradu, Kochi

Our Bureau Kochi | Updated on July 12, 2019 Published on July 12, 2019

The Supreme Court has rejected the review petitions filed by builders against its May 8 judgement, directing demolition of five apartment complexes in Maradu near Kochi for violating CRZ rules.

“Having perused the review petitions and connected papers, we do not find any justifiable reason to entertain the review petitions,” a bench of Justices Arun Mishra and Navin Sinha ruled.

The judges heard the petitions in the chamber on Wednesday and the order was uploaded on the court’s official website on Thursday.

The builders — Alpha Ventures Pvt Ltd, Holy Faith Builders and Developers Ltd, Jain Housing and Construction, KV Jose — had filed review petitions, submitting that the SC-appointed three-member committee had not given them a proper hearing. It was also alleged that the court was misled by the Kerala Coastal Zone Management Authority (KCZMA) on violation of CRZ notification.

The committee had stated that as per the CRZ notification of 1991 and Kerala Coastal Zone Management Plan 1996, the area in question came under CRZ III. As per the CRZ notification of 1991, 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 show cause 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. KCZMA had approached the Apex Court against the judgement.

Published on July 12, 2019
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