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‘Will implement verdict on Kochi flats’: Kerala govt files affidavit in Supreme Court
The affidavit signed by state chief secretary Tom Jose said the government was bound to implement the apex court verdict and listed various steps taken to implement its order.
The Kerala government on Friday filed an affidavit in the Supreme Court listing details of various actions it has taken to implement the court order to demolish 357 flats in Kochi which flouted the Coastal Regulation Zone (CRZ) guidelines.
The affidavit signed by state chief secretary Tom Jose said the government was bound to implement the apex court verdict and listed various steps taken to implement its order. It said the Maradu municipal corporation had given eviction notices to all occupants and invited tenders to carry out demolition of these flats. Jose also pleaded the court to avoid his personal appearance and expressed regrets for delay, if any.
In another related development, a high court bench refused to entertain a plea filed by one of the residents, MK Pual, questioning the Maradu municipal body’s move to demolish his flat. The single bench said it will take up his plea only on Tuesday after the apex court hearing on Monday. The Supreme Court had also summoned the Chief Secretary on Monday.
While taking up the case suo motu on September 6 the court had passed severe strictures against the state, saying it was repeatedly ignoring its judgments and it would be ready to face its consequences also. It has given an ultimatum to demolish flats by September 20. As the deadline drew to a close, the state government prepared the affidavit after consulting many legal experts. The Chief Secretary is camping in Delhi for the last two days.
The Maradu municipal corporation had given notices to the flat owners two weeks ago to vacate their flats but they refused to move out, saying they have no place to shift. Most of them said they have invested heavily in their flats much before the legal dispute cropped up and it was improper to punish them and absolve builders and other officials who gave permission to build the flats.
They said they were not heard by the court and they bought their flats after obtaining all permissions and licences and it was unfair to punish them for the possible mistakes committed by builders and others.
“It is the battle for our survival. I have invested all my pension benefits in my flat. I will be in the street if am evicted. Most of us also took heavy loans from banks,” said PP Joseph, a retired bank employee, living in the flat for the last eight years.
“I would have never courted trouble if it was known to me that builders had violated certain norms of the CRZ. I came to know about the case only two years back,” said another resident.
These flats were built on the banks of backwaters in Kochi’s bustling Maradu suburbs - The complexes have 357 flats and at least 1500 people including businessmen, cine personalities, professionals and retired personnel moved here in the last eight years.
The case came up in 2007 when vigilance wing of the state’s local self-government body had directed the Maradu panchayat to cancel 31 building permits for various violations, including coastal regulation zone (CRZ) norms. But, later Kerala High Court had stayed its order and construction continued.
But, the Kerala State Coastal Zone Management Authority (KSCZMA) had moved the Supreme Court three years ago, saying these five buildings came close to the backwaters violating CRZ III norms. According to CRZ III, the area should be relatively undisturbed. The area up to 200 metres from high tide line has earmarked as a no-development zone. In May, the Supreme Court had ordered demolition of flats and reminded the state about last year’s flood of the century which claimed many lives.
“It is a humanitarian issue. Some of the occupants have no idea how the issue came up. Hope the apex court will take up their cries sympathetically. We have to strengthen our laws to avoid such unfortunate incidents,” said senior lawyer and former MP Sebastian Paul who supported flat owners.
