Order to demolish flats: Responsible for loss of lives, SC slams Kerala
The court sought to know how many more illegal structures had come up in the state’s coastal zones.
The Supreme Court on May 8 this year ordered to be razed down four apartment complexes in Maradu and take action against their builders for violating the norms of the Coastal Regulation Act. (File photo)
Referring to the “colossal loss” caused by the 2018 floods, the Supreme Court on Monday lashed out at Kerala goverment for its failure to act against illegal constructions in protected zones and warned that it will not hesitate to prosecute those responsible for culpable homicide.
A bench comprising Justices Arun Mishra and S Ravindra Bhatt was hearing the affidavit by Chief Secretary Tom Jose in response to the court’s query on the delay in implementing its May 8 order to demolish illegal apartment complexes built in violation of Coastal Regulation Zone (CRZ) norms at Maradu in Ernakulam district.
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“Do you have any plan to comply with our order? There is not even any semblamce of it in your affidavit,” Justice Mishra told the Chief Secretary, represented by Senior Advocate Harish Salve.
“How many people were killed in the devastating floods last year?” he asked. The court sought to know how many more illegal structures had come up in the state’s coastal zones and said a survey should be conducted.
“You people protect these structures… Can you shirk off responsibility?” Justice Mishra said, adding, “We are going to fix responsibility for that (loss of lives during floods) and this (illegal flats) also.”
He recalled that Attorney General K K Venugopal, while arguing a case recently, had spoken about the law of torts not being enforced to claim damages from authorities responsible and said it was time to ensure this was remedied.
“You are responsible for loss of lives…and should be prosecuted for culpable homicide,” Justice Mishra added.
Addressing the Chief Secretary, he said, “You have said nothing in this (affidavit)…350 families. Who will protect them? You are taking thousands of people’s lives…”
Salve told the bench that the built-up area that had to be demolished was huge and it was impossible to use dynamite. He said he will advise the state to file a plan about how they would go about it.
But Justice Mishra said the attitude of the state was evident from the affidavit. Pointing out that the time granted by the court was over, he added, “They are in total defiance. They are holding meetings and mobilising public opinion.”
“We will not leave any single person who is responsible for killing the people of Kerala,” he said and fixed the matter for hearing on September 27.
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