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Kerala Govt to explore legal ways to avert demolition of Kochi flats

An all-party meet on Tuesday to discuss the contentious issue of demolition of flats in Kochi decided to make all out efforts to avert razing of five apartment complexes and approach the Union government citing the environmental impact of large-scale demolition.

Though consensus remained elusive, the participants agreed that it was unfair to punish only occupants of the flats leaving alone officials who gave permission and builders who constructed these flats. While the Congress wanted the government to rush an all-party delegation to Delhi, the CPI and others opposed it. The government has also decided to seek the Attorney General’s advice and meet the Union environment minister Prakash Javedkar.

The state government had convened the meet as the Supreme Court ultimatum to demolish the flats ends on September 20. The apex court had pulled up the state government on September 6 for not implementing its previous judgment and directed it to demolish five complexes which violated coastal regulation norms by September 20.

“The meeting fully supported the government’s move to settle the issue amicably. It is the government’s bounden duty to obey the verdict of the highest court of the country. But at the same time government will do everything possible to avert demolition and explore all legal possibilities,” Chief Minister Pinarayi Vijayan’s office said in a statement after the meeting.

“The government had approached the Chennai IIT to do a study on the impact of demolition. It said demolition of such huge structures in such a short span will trigger enough pollution. Besides air it will also affect nearby water bodies and trees. The government will seek the Union environment ministry’s advice in this regard,” the statement said.

Earlier the Maradu municipal corporation in Kochi had asked 357 families to vacate their flats by September 14 but they refused to move out saying they have no place to go to. As the deadline for demolition drew closer, all political parties in the state rallied behind aggrieved flat owners.

Flat owners say they were not heard by the court and they bought their flats after obtaining all permissions and licences and it was wrong to punish them for the possible mistakes committed by builders and others. The permission to construct flats was granted in 2006 when Maradu was a panchayat and later it was upgraded to a municipality.

The case dates back to 2007 when the vigilance wing of the state local self government directed the Maradu panchayat to cancel 31 building permits for various violations including coastal regulation zone (CRZ) norms. But later the Kerala High Court had stayed its order.

Three years ago Kerala State Coastal Zone Management Authority (KSCZMA) had moved the Supreme Court saying these five buildings came close to the backwaters violating CRZ III norms. (According to CRZ III, area should be relatively undisturbed. The area up to 200 m from high tide line has earmarked as no development zone). On May 8 the Supreme Court had ordered demolition of five building complexes. On September 6 the court took up the case again and directed the state to demolish these flats by September 20. It also ordered the state’s chief secretary to appear before it on September 23.

Some of the residents have also threatened suicide if they were evicted forcibly.

“The panchayat had submitted an affidavit in the High Court saying the area comes under CRZ II. If there is any violation why the KSCZMA took so long to approach the court in 2016? It is purely a technical issue,” said P P Joseph, a retired bank employee, staying in one of the flats. “It is sad builders, officials who gave permission and others go scot-free while people who bought flats with their hard-earned money were treated like criminals,” he added.

“We don’t have anywhere else to go. We pumped it our life savings in our flat,” said another retired couple.

First Published:
Sep 17, 2019 23:40 IST

Source: HindustanTimes