The Supreme Court on Friday stopped short of putting the builders of the demolished and illegal high-rise Maradu apartment complexes in Kochi on a two-week deadline to provide a “concrete plan” to compensate residents or, in the alternative, face the sale of their attached properties to cover the payments due.
A Bench led by Justice Rohinton F. Nariman put that course of action on hold after senior advocate R. Basant and advocate Karthik Ashok interjected on behalf of some of the builders to point out that the court should first adjudicate on certain issues.
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Mr. Basant referred to a September 27, 2019 court ruling that ordered the Kerala government to pay ₹25 lakh each to residents whose flats were demolished. These amounts were then to be reimbursed to the government by those responsible for the flats coming up illegally in violation of the coastal zone regulations.
An October 28 report filed by the court-appointed committee led by Justice K. Balakrishnan Nair said the builders were responsible for the constructions and had to pay the compensation. Mr. Basant and other lawyers appearing for the builders opposed this recommendation, saying the entire liability for the illegal constructions cannot fall upon them.
Maradu fallout: SC wants Kerala to submit plan to prevent further violations
“You accept the committee report... Will give you a last opportunity to pay”, Justice Nariman said.
Mr. Basant said, “We have very serious objections to the committee”.
The court then asked the builders’ lawyers to file their written submissions for a detailed hearing. It said it would take up all aspects of the case. The case would come up again in December.
The court also appointed advocate Gaurav Agarwal as amicus curiae in the case.
Senior advocate Gopal Sankaranarayanan, appearing for the committee, said his client was facing “personal attacks”.
Govt affidavit
Meanwhile, an October 16 affidavit filed by Kerala Chief Secretary Vishwas Mehta said that 27,735 building violations of coastal regulations have been detected by coastal district committees in 10 districts. But the affidavit said the actual field surveys of violations had been delayed due to COVID-19, and would be done in eight weeks.
Mr. Mehta was responding to a contempt petition filed against the government for not complying with a September 23, 2019 order to provide a “concrete plan” to prevent illegal constructions in violation of the coastal zone regulations, which protect the fragile and eco-sensitive areas of the State.
September last year order
It has been a year since the court, on September 23, 2019, ordered the government to submit the plan, which has to also detail the action intended against the existing violators. The direction was an aftermath of the court ordering the demolition of luxury apartments.
The court then directed the State to provide details of the existing constructions in violation of the coastal zone regulations. It slammed then Chief Secretary Tom Jose for “patent breach of law” by the State in allowing illegal structures to come up along a fragile coastal zone even as thousands perish or are rendered homeless by natural tragedies like floods that devastate the State.
“We are shocked. Devastations are taking place in entire Kerala. This cannot happen in a civilised country. In Kerala, this is a colossal loss. Lives are lost, properties are destroyed... But see their [State government] attitude... Instead of protecting, you are permitting these structures to continue. All of them illegal and nothing is stopped... If this is your attitude, you are facing a tough court”, the court had observed orally.
