Kerala
,
Kochi
,
Ernakulam
Published :
Sep 2019
|
Updated :
Supreme Court Orders Demolition of Apartment in Ernakulam for Violating CRZ Rules
Reported by
Nazimuddin Siddique
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1714
People affected
2019
Year started
7
Land area affected
Households affected
1714
People Affected
2019
Year started
7
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Following a Supreme Court order on September 6, 2019, to demolish the Maradu apartment complex in Kochi in Ernakulam district for violating coastal norms, a technical committee handed over the demolition task to two firmsEdifice Engineering and Vijay Steels. Demolition work started on October 14, and the state government plans to complete it by January 20, 2020. The apex court issued the demolition order after a threemember committee, which was appointed by it earlier, noted that the area was already notified as a Coastal Regulation Zone (CRZ) and construction was prohibited when the apartment was being built. The court ruled that the entire apartment complex was built illegally, violating the CRZ norms. The Maradu complex has 400 flats in five buildings, with at least 357 families as occupants. The residents have been left in a lurch as the Supreme Court had rejected a plea filed by them against the demolition order. The flat owners had earlier refused to vacate as the demolition would render them homeless. They staged sitin protests and hunger strikes. Various political parties, including the Congress, the Muslim League and the Communist Party of India Marxist, have come out in support of the residents, taking a united stand against the decision of the apex court. But now as the demolition has begun, the families have vacated. The court has directed the state to pay each family an interim compensation of INR 25 lakhs. It has also directed the freezing of assets of the builders, namely Alfa Serene, Holy Faith Builders and Developers Private Limited and Jain Coral Cove, who have washed their hands off the matter. In a letter to the Maradu municipal authorities, the builders wrote that they had paid all their taxes and were no longer responsible for any situation unfolding at the complex. The apartment complex comes under CRZ III as per CRZ Notification, 1991, and the Kerala Coastal Zone Management Plan, 1996. As per the notification, in a CRZ III zone, construction of any kind is prohibited within 200 metres of the coastal border. The apex court has noted that the building can cause destruction in the area in the event of a natural disaster. In August 2020, the last of four buildings from Maradu town was razed to ground deploying explosives. However, nearby residents have complained about the destruction caused to their houses due to demolition and are awaiting promised repair work.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

August 2020

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Supreme Court of India, Kerala Coastal Zone Management Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Edifice Engineering, Vijay Steels

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Bharatiya Janata Party, Congress, Communist Party of India - Marxist, Muslim League

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Nazimuddin Siddique

Nazimuddin Siddique is an independent researcher based in Assam, with a PhD in Sociology. His academic interests include socio-political developments in Northeast India, citizenship, migration and displacement, to name a few.

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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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