The Madras High Court on Wednesday prevented an attempt made by developers of the Moulivakkam residential site, where one of the two multi-storey buildings collapsed and claimed 64 lives in June 2014, to reclaim the land spread over 109 cents without paying ₹1.11 crore spent by the State to demolish the other building, fearing faulty construction.
Chief Justice Vijaya Kamlesh Tahilramani and Justice M. Duraiswamy dismissed a writ petition filed by M. Manohar, managing director of Prime Shrusti Housing Private Limited, after observing that the petitioner could not wriggle out of his liability to pay all the expenses incurred by the State to raze down the second multi-storey building at the site.
The judges said: “The demolition of the building constructed by the petitioner was only due to the violation committed by the petitioner in constructing the Block A and Block B. For the fault of the petitioner, the respondents cannot be made to suffer. Because of the violation committed by the petitioner, 61 workers had died and 27 persons were injured.
“The respondents had spent huge money for prosecuting and defending cases before this court as well as before the honourable Supreme Court. The expenditure had occurred only because of the petitioner’s act. Therefore, the liability cannot be fastened on the respondents to bear the expenditure. Only the petitioner is liable to pay all the expenses incurred for demolition.”
During the course of arguments, Government Pleader (in-charge) Jayaprakash Narayanan brought it to the notice of the court that the real estate promoters had obtained permission from Chennai Metropolitan Development Authority (CMDA) for constructing 86 flats in two 11-storey buildings with a combined basement floor at Moulivakkam on Kundrathur High Road.
On June 28, 2014 one of the two blocks collapsed causing the death of 64 workers besides injuries suffered by 27 others. Thereafter, the district administration took possession of the entire site. Criminal prosecution was launched against the builders for causing the deaths and an inquiry commission by a retired High Court judge was also appointed to probe into the incident.
After obtaining the Supreme Court’s nod on May 12, 2016, the officials demolished the second building too on November 2, 2016 fearing it to be a threat to lives. Thereafter, CMDA demanded ₹1.11 crore towards demolition charges from the property developers before handing over the land to them.
Assailing such a demand, the present writ petitioner contended that he had already paid charges under several heads for obtaining construction approvals and those amounts must be adjusted towards the demolition charges. However, CMDA counsel Karthik Rajan opposed the contention and insisted on full payment of demolition charges.
He told the court that money forfeited for constructing buildings in violation of the plan approvals and the payments made for grant of approval could never be adjusted against demolition charges which were totally separate expenses incurred by the State and liable to be reimbursed by the wrongdoer.
