Introduction
1. On 06 Sep, the Supreme Court warned the Kerala Government for non-compliance of its order
to demolish around 500 flats in four posh apartment complexes viz. Alfa Serene, Golden
Kayaloram, H2O Holy Faith and Jain Coral Cove in Maradu area of Kochi which were built in
violation of the coastal regulation zone(CRZ) rules. It directed the state to demolish the
buildings by 20 Sep '19 and asked the Chief Secretary to personally appear before it on 23 Sep
if its order is not complied with.
2. Without mincing words a bench of Justices Arun Mishra and MR Shah said the state was
bound to implement its order and any violation would not be tolerated.
Background
3. In Aug '06, Maradu municipality in Kochi had issued permission to builders to construct multi-
storeyed buildings in an area notified as CRZ-III. The vigilance department found several
irregularities in the grant of permission for construction in CRZ-III, which is termed as the most
critical sector for coastal environment protection. The municipality issued show cause notices to
the builders, one of whom challenged it in the Kerala High Court.
The Legal Battles Commence
4. In 2012, a single-judge bench quashed the municipality's notices to the builders on the ground that
the state government had no powers to issue directions to local bodies to act in a certain manner. A
division bench of the High Court upheld this decision in 2015. The matter was pending in the
Supreme Court since Dec '18 on an appeal filed by the Kerala State Coastal Zone Management
Authority(KSCZMA).
5. On 27 Nov '18, the top court directed the setting up of an expert committee to report whether the
area where the apartments had been constructed fell within CRZ-II or CRZ-III. The committee
report said that as per the 1991 CRZ notification and Kerala Coastal Zone Management Plan '96,
the area in question came under CRZ-III. The apex court, thereafter, ordered demolition of those
buildings.
6. Taking note of the devastation in Kerala due to heavy rains and unbridled, unauthorised
construction activities in coastal areas, the apex court on 08 May '19 had directed demolition of
the buildings within a month. But the aggrieved parties had got a stay order from another bench
during summer vacation.
The Court Views It Seriously
7. The apex court had come down on them for getting the stay by playing a "fraud on the court". It
vacated the stay and also dismissed the petition seeking review of its order!
Definitions
8. (a) CRZ-I Pertains to places that are ecologically sensitive areas between 0-100 metres.
(b) CRZ-II Covers areas that have already been developed up to or close to the shoreline.
Eg. In Goa, the coastal areas in Marmagao municipality and the corporation of the
city of Panaji fall under this head.
(c) CRZ-III The areas beyond, between 100 and 500 metres fall under CRZ-III areas that are
relatively undisturbed and those which do not belong to CRZ-II or CRZ-III.
My Queries/Take
9. (a) Who is at fault? The municipality or the builders?
(b) Why didn't the owners take possession of the flats without ascertaining the legality of the
building complexes especially when the neighbouring Hotel Crowne Plaza had met with
similar questions before it was cleared?
10. I'm sure the court must have also ascertained the standing of each of the flat owners. Probably,
most of them must be having alternate places to stay.
11. The flip side would be the possibility of quite a few of those flat owners who must have spent
every bit of their hard earned money in acquiring a dream flat, on the waterfront for themselves,
at the best address in town! They would be the worst hit.
12. But from the media bytes on the agitating flat owners, I did not see the presence of all the 500 flat owners which means that many of them are aware that they are fighting a losing battle.
Tailpiece.
Today was 'Uthradam', the first Onam. It was raining the whole of last night and continued to do so in the morning too. Lekha made her way to the temple for a fleeting tryst with the Lord, bought sundries from the department store and returned through the rain.
1. On 06 Sep, the Supreme Court warned the Kerala Government for non-compliance of its order
to demolish around 500 flats in four posh apartment complexes viz. Alfa Serene, Golden
Kayaloram, H2O Holy Faith and Jain Coral Cove in Maradu area of Kochi which were built in
violation of the coastal regulation zone(CRZ) rules. It directed the state to demolish the
buildings by 20 Sep '19 and asked the Chief Secretary to personally appear before it on 23 Sep
if its order is not complied with.
2. Without mincing words a bench of Justices Arun Mishra and MR Shah said the state was
bound to implement its order and any violation would not be tolerated.
Background
3. In Aug '06, Maradu municipality in Kochi had issued permission to builders to construct multi-
storeyed buildings in an area notified as CRZ-III. The vigilance department found several
irregularities in the grant of permission for construction in CRZ-III, which is termed as the most
critical sector for coastal environment protection. The municipality issued show cause notices to
the builders, one of whom challenged it in the Kerala High Court.
The Legal Battles Commence
4. In 2012, a single-judge bench quashed the municipality's notices to the builders on the ground that
the state government had no powers to issue directions to local bodies to act in a certain manner. A
division bench of the High Court upheld this decision in 2015. The matter was pending in the
Supreme Court since Dec '18 on an appeal filed by the Kerala State Coastal Zone Management
Authority(KSCZMA).
5. On 27 Nov '18, the top court directed the setting up of an expert committee to report whether the
area where the apartments had been constructed fell within CRZ-II or CRZ-III. The committee
report said that as per the 1991 CRZ notification and Kerala Coastal Zone Management Plan '96,
the area in question came under CRZ-III. The apex court, thereafter, ordered demolition of those
buildings.
6. Taking note of the devastation in Kerala due to heavy rains and unbridled, unauthorised
construction activities in coastal areas, the apex court on 08 May '19 had directed demolition of
the buildings within a month. But the aggrieved parties had got a stay order from another bench
during summer vacation.
The Court Views It Seriously
7. The apex court had come down on them for getting the stay by playing a "fraud on the court". It
vacated the stay and also dismissed the petition seeking review of its order!
Definitions
8. (a) CRZ-I Pertains to places that are ecologically sensitive areas between 0-100 metres.
(b) CRZ-II Covers areas that have already been developed up to or close to the shoreline.
Eg. In Goa, the coastal areas in Marmagao municipality and the corporation of the
city of Panaji fall under this head.
(c) CRZ-III The areas beyond, between 100 and 500 metres fall under CRZ-III areas that are
relatively undisturbed and those which do not belong to CRZ-II or CRZ-III.
My Queries/Take
9. (a) Who is at fault? The municipality or the builders?
(b) Why didn't the owners take possession of the flats without ascertaining the legality of the
building complexes especially when the neighbouring Hotel Crowne Plaza had met with
similar questions before it was cleared?
10. I'm sure the court must have also ascertained the standing of each of the flat owners. Probably,
most of them must be having alternate places to stay.
11. The flip side would be the possibility of quite a few of those flat owners who must have spent
every bit of their hard earned money in acquiring a dream flat, on the waterfront for themselves,
at the best address in town! They would be the worst hit.
12. But from the media bytes on the agitating flat owners, I did not see the presence of all the 500 flat owners which means that many of them are aware that they are fighting a losing battle.
Tailpiece.
Today was 'Uthradam', the first Onam. It was raining the whole of last night and continued to do so in the morning too. Lekha made her way to the temple for a fleeting tryst with the Lord, bought sundries from the department store and returned through the rain.
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