The Supreme Court on Friday ordered the Kerala government to immediately pay an interim compensation of ₹25 lakh each to the residents of illegal high-rise Maradu apartment blocks facing demolition for violation of coastal zone regulations. “We do not want Maradu flats' residents to be left in dire straits. But our primary concern is illegal constructions in CRZ areas and natural disasters that follow. The flats have to be demolished. If you (government) cannot demolish it, we will ask someone else, at your cost, to do it,” Justice Arun Mishra, leading a Bench comprising Justice Ravindra S. Bhat, clarified to the State. The court ordered the State to pay the money for payment of the interim compensation within four weeks and then recover it from the builders and promoters of the illegal apartments.
Read | The Maradu imbroglio of an SC order, flat owners, Kerala govt, and municipal authorities Issuing notice to the builders and promoters, the Bench sought the details of their properties and assets of the directors and partners of the companies by afternoon. The court further asked the government to provide it with a panel of retired high court judges later in the day. The Bench would choose one of the judges shortlisted for setting up a committee to evaluate each of the flats facing demolition for further payment of compensation. A lawyer for a builder submitted that the flats were 2,300 sq ft valued at ṣ₹39 lakh. “The committee will quantify how much each resident had paid to the builder at the time of purchase of the apartment,” Justice Mishra said. The committee would also look into fixing liability on authorities like the local panchayat body for permitting the construction of the flats in the fragile coastal area. “Panchayat seemed to have been hand-in-glove with the builders. They ought to be made liable under something like the tort law,” Justice Mishra remarked orally.
Read | Vembanad: A lake in the cross-hairs of development Perusing the affidavit filed by the Kerala Chief Secretary on the action plan for demolition. The affidavit said the demolition and removal of debris would be completed by February 9, 2020 . The court ordered the Kerala government to file a written undertaking to this effect in seven days. At one point, Justice Bhat wondered whether the panchayat would have the assets to pay compensation even if made to share the liability for the illegal construction. “Panchayat may not have the money. You (State) pay them (residents) and then later take the money from the Panchayat...” Justice Bhat suggested. “Whatever compensation we have to pay, we will pay. Taking money from the Panchayat will not solve any problems,” senior advocate Harish Salve responded.
Read | Fearing demolition of their homes, children in Maradu flats live in distress Mr. Salve said “the flats should never have been built. We have now asked someone to demolish them. The Chief Secretary has given a day-to-day action plan for the demolition. We have informed everybody. Their option would be to evacuate”. Senior advocate Pinaki Misra for the residents said many had dumped their entire life savings into buying their flats. “Sixty of the residents are over 90 years old... They need some solace from this court,” Mr. Misra submitted. To this, Justice Mishra agreed “we have to take care of their (residents') interests. They need a shelter”. The court posted the case for further hearing on October 25.
