HC dismisses petitions challenging eviction


It says SC flat verdict a clarion call against violations of CRZ

Observing that the Supreme Court order for demolition of Maradu flats is a clarion call against violators of Coastal Regulation Zone (CRZ) norms, the Kerala High Court has dismissed two writ petitions challenging the eviction notice issued by the Maradu municipality to two flat owners.

When the petitions filed by two flat owners came up for hearing, Justice Devan Ramachandran orally observed that it was really a clarion call against those who constructed buildings in violation of the CRZ norms. The court said that builders constructed buildings on the CRZ zones whatever way they wanted and thereafter approached the authorities and get them regularised.

Dismissing the petitions, the court said the petitions could not be entertained as the Supreme Court had made it clear in its order that no petitions relating to the Maradu flats should be entertained by any other court. Therefore, the petitions should be dismissed at the threshold itself.

The court during the hearing pointed out that the petitioners could approach the Supreme Court challenging the eviction notices as they were issued based on the Supreme Court directive.

Counsel for Maradu municipality T.R. Rajan submitted that the municipality was bound to implement the Supreme Court directive. That was why it had issued eviction notices to the flat owners. In fact, some flat owners of an apartment complex had prevented officials of the municipality from entering their complex for handing over notices to flat owners. As a result, the notice had to be pasted on the wall of the apartment.

The petitioners had contended that the basic principles of natural justice had not been followed by the municipality. The principles of natural justice demanded that the petitioner and other similarly placed residents should have been served with a showcause notice as contemplated under the provisions of the Kerala Municipality Building Rules 1999 before issuing the eviction order and they should have been given a reasonable opportunity of being heard.

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Printable version | Jan 28, 2020 8:09:52 PM |

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