June 07, 2019

Review Petition against Maradu demolition order filed in Supreme Court

[ By Titus Manickam Rock ]


A Review petition has been filed in the Supreme Court against the order directing demolition of illegal apartment buildings in the notified Coastal Regulatory Zone (CRZ) of the Maradu municipality in Kerala’s Ernakulam District.

The petition moved by Holy Faith Builders and Developers, the builder of one of the apartment buildings, seeks review of the May 8 order passed by the Bench of Justices Arun Mishra and Navin Sinha. The petition has been drawn by advocates Santhosh Mathew and A. Karthik.

The main contention of the petitioner is that the order of the Supreme Court is based on the incorrect understanding that the constructions are made in areas notified as CRZ III and are in violation of CRZ norms. The structures are in fact erected in areas notified as CRZ II. Maradu district was classified as CRZ III by mistake and this was rectified in a notification of the Ministry of Environment and Forests (MoEF) issued in February 2019.

Also, the three-member committee that was entrusted with the responsibility of submitting a report did not give any hearing to apartment owners and they were not served any notice in this regard. There were also various other infirmities in the functioning of the committee in the preparation of its report.

Highlighting this point, the review petition states that the Supreme Court erred in passing a demolition order which was beyond the scope of the actual dispute.

The Supreme Court in its order of May 8 had directed for all the buildings to be removed from the Maradu area that was made in violation of the CRZ Regulations. The demolition was directed to be completed within a period of one month from the date of the judgment.

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