The Supreme Court on Friday asked Kerala government to proceed with the demolition of flats built in violation of Coastal Regulation Zone (CRZ) norms at Maradu in Ernakulam district. This came after the state gave an undertaking that the process will be completed in 138 days. A bench of Justices Arun Mishra and S Ravindra Bhat also directed the state to pay an interim compensation of Rs 25 lakh each to the affected flat owners and said the state can recover this from whoever is found responsible for the illegal constructions. The court awarded the compensation following upon the precedent set in the case of Kant Enclave in Faridabad which was ordered to be demolished. “We can’t leave them.You have to pay something. They need shelter too,” Justice Mishra told senior advocate Harish Salve, who appeared for the state’s Chief Secretary Tom Jose. The top court had on September 11, 2018, held that the land on which Kant Enclave in Faridabad stood was forest land and ordered demolition of all construction there carried out after August 18, 1992. It had also asked the builder, R Kant & Co, to refund the investment made by people who got land from it, with interest at the rate of 18 per cent. On Friday, the bench said the “rest (of the amount) will depend on each case”. The court rejected the prayer by residents that they should not be evicted until they receive the interim compensation. At the outset, Salve submitted the affidavit containing the timeline for demolition. He also wondered if the demolition was a reasonable option considering its impact on environment and if the flats could be vacated instead. “Should never have been built.But are we compounding the problem by demolition,” he submitted. But the bench did not relent. “It has to be.If you can’t, we will ask for costs and ask somebody else to,” said Justice Mishra, adding that “government is not willing to” carry out the demolition. Justice Mishra said “our primary concern is no such violation in coastal zones”. The bench then asked Salve what the state’s proposal was. Salve said the state had drawn up an “action plan” under which demolition will be completed in 138 days. “What about the compensation?” asked Justice Mishra. Justice Bhat then pointed out that there was the example of compensation paid to residents of Kant Enclave. The bench inquired about the price of apartments. A counsel appearing for some residents said it was about Rs 1 crore now and Rs 39 lakh at the time of purchase about eight years back. Salve suggested that the court set up a commission which will look into the aspects of valuation etc. The senior counsel urged the court to also make the builders/ promoters parties, saying they should also suffer the legal consequences. Agreeing, the court issued them notices and asked the state to provide their details. Salve told the court that some residents had filed cheating cases against the builders and they should go on separately as the builders may otherwise cite it to deny compensation. The bench clarified that those cases will run separately. Justice Mishra said some panchayat and municipality officials may also have been responsible and asked, “Should we hold them responsible?”. Salve said somebody will have to first see what had happened. The municipality will say there was a central order which was stayed by the High Court and so we allowed, he added. The senior counsel requested the court to call for a report, but the bench refused and said, “We already called for a report and can’t examine that again.” Fixing the matter for hearing next on October 25, the court said it will appoint a retired judge to look into the other aspects of the demolition. The state suggested a three-member committee, but the bench said one judge was enough and asked the Chief Secretary to suggest names.
