Thiruvananthapuram
Veteran CPI(M) leader and former Chief Minister, V. S. Achuthanandan and the KPCC President, V. M. Sudheeran, have flayed the High Court verdict “regularising” the environment laws violation by DLF builders and said that it will set a bad precedent as far as adherence to environment laws are concerned.
In separate statements here, both leaders demanded that the Government should study the case and go on appeal to the Supreme Court immediately.
An earlier verdict of the single bench of the HC had made it clear that DLF had constructed the apartment complex in violation of the Coastal Regulation Zone Act and that portions of the apartment complex be razed down. The division bench of the HC gave a major reprieve to the real estate company on Wednesday when it ruled that the apartment complex need not be demolished but that the builder pay a fine of Rs. one crore to the district administration.
In his statement, Achuthanandan pointed out that as per law, violations under the CRZ Act cannot be regularised and that whenever violations are detected, there is no other go but to demolish these constructions.
He pointed out that though a circular had been issued in 2010 seeking to regularise CRZ violations, the Green Tribunal had struck it down last year. This issue was still under the consideration of the Supreme Court.
He also demanded that it should be examined whether the High Courts have the right to give any concessions regarding the violations of environmental laws. Mr. Achuthanandan also questioned the basis on which the HC had arrived at the figure of Rs. one crore as the appropriate fine in this instance.
Innumerable litigations regarding encroachments and environmental laws violations are pending in courts and by letting off the real estate major with just a fine, the HC judgement was in effect justifying all constructions violating environmental norms, both Mr. Achuthanandan and Sudheeran have pointed out in their statements.
The Government should engage legal counsel to study the judgement carefully and move the Supreme Court to protect the interests of the State, they said.
Kerala Sasthra Sahithya Parishad
Kerala Sasthra Sahithya Parishad too has termed the HC division bench verdict “disappointing” and demanded that the Government go in appeal against the verdict to the Supreme Court.
KSSP pointed out that another division bench of the same court has given the verdict in an earlier case involving an encroachment on Vettilathuruthu in Vembanad lake itself , that constructions in violation of environmental laws cannot be regularised and that demolition of the construction was the only solution. This had been adjudged right by the Supreme Court too.
Vembanad lake, which used to spread across 315 sq. km area in the beginning of the last century has now shrunk to just 179 sq km because of various development activities and illegal constructions. The livelihood of thousands of people are still dependent on the lake/
KSSP demanded that under no circumstances should any constructions built in violation of environmental law be regularised. The Government should make its stand on the issue clear and go in appeal to the SC immediately, KSSP president, K. P. Aravindan and the Secretary, P. Muraleedharan, said.
EOM
