149:
as per Rule 16 of the Kerala
Municipality Building Rules 1999 (KMBR). On receiving the letter, the panchayat issued show-cause notice to the builders in all the cases. Even though the violations varied from CRZ violation, FAR more than 1.25, violations of open space, copy of final plan not available in the file, access width not shown etc., the allegation was the same and the notice was identical. (Even though there was no CRZ violation in the case of Golden Kayaloram, for example, the same notice was issued.) Alpha Ventures filed a writ petition seeking to quash the notice and to answer their reply seeking details on the basis of which the notice was issued. The High Court of Kerala admitted the writ petition and issued an interim order staying all further proceedings with respect to the notice issued to the builders. But the High Court, in the interim order allowed the Maradu panchayat to issue stop memo in accordance with the law. The Maradu panchayat did not issue any stop memo. Hence, Alpha Ventures continued the construction of the building. In June 2007, as per the instruction of the Kerala government, the Maradu panchayat gave a show-cause notice to the concerned builders. Jain Housing, Holy Faith Builders, and KP Varkey also continued the construction activities. Holiday Heritage discontinued their housing project. In 2007 itself, in an affidavit, a panchayat member stated that Maradu is CRZ II.
30:
22:
46:
38:
204:
182:
member committee reported that (as per the 1991 CRZ notification and the 1996 Kerala
Coastal Zone Management Plan (KCZMP)), the area was CRZ III and not CRZ II. Maradu panchayat had issued the building permit without the permission of the KCZMA. The builders contended that the area was determined to be CRZ II as per the draft KCZMP created according to the 2011 CRZ notification. However, the argument of KCZMA was accepted by the Supreme Court.
104:. They relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an "umbrella" legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.
308:
location. Rules are procedural laws brought by the executive for enforcing the acts of parliament. The rules which are applicable to the buildings now are the rules in force today. As CRZ II applies to the buildings in question and there is no violation. The procedure adopted by the
Supreme Court in bypassing the Kerala Municipality Act and rules under it was without jurisdiction and shocking.
69:(CRZ) rules, although only four of these apartments had yet been constructed. These four, already occupied by tenants, were Jains Coral Cove (Jain Housing and Construction Ltd), H2O Holy Faith (Holy Faith Builders and Developers Pvt Ltd) and Alfa Serene (Alfa Ventures Private Ltd) and Golden Kayaloram (KP Varkey & VS Builders). The fifth builder, Holiday Heritage, had scrapped the project.
181:
The
Supreme Court observed the builders did not give a reply to the show-cause notice issued by the panchayat and instead, filed writ petitions (WP) with the High Court. An expert committee was formed by the SC on 27 November 2018 to determine if the apartments are located in CRZ II or III. The three
307:
A Mumbai-based advocate and the president of
National Lawyers Campaign for Judicial Transparency and Reforms said that as per notification issued in 2011 by the central government, Maradu was brought under CRZ II and that even if the buildings were demolished, they could be reconstructed at the same
224:
The three member committee appointed by the
Supreme Court of India had issued a notice to the builders of the apartments to respond about their CRZ status. No resident was asked to respond. The builder of Golden Kayaloram had submitted that "there are no CRZ violations alleged against M/s. Kayaloram
216:
A curative petition was filed by the residents of Golden
Kayaloram apartment on 10 September 2019. The petition was accepted by the court registry. It listed serious mistakes in 8 May Supreme Court order. The petition pointed out that a three-member technical committee was formed by the three member
243:
areas are those "that have already been developed up to or close to the shoreline." "Developed area" is defined as "...area within the municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and
174:
The division bench of the high court of Kerala gave its verdict on the matter. The show cause notice which was issued in 2007 by the panchayat was pointed out to be untenable and written in such a manner that it did not satisfy the rules. The Maradu municipality was blamed for the situation and the
148:
The Kerala
Government sent a letter to the Maradu panchayat along with a list of all the cases in which violations/anomalies in the issue of building permits were detected during the inspection of the Senior Town Planner (Vigilance). The panchayat was asked to revoke all the listed building permits
220:
The NOC was issued to Golden
Kayaloram in 1995 (NO.A3.3/95) by the Secretary of Maradu Grama Panchayat and a copy of this was submitted as exhibit P1 in WP(C).No. 23293 of 2007 (W). This no objection certificate was issued by the Grama Panchayat before the Coastal Zone Management Plan (CZMP) of
236:
areas are those "areas that are ecologically sensitive and important, such as... wildlife habitats, mangroves,... coral reefs, ...close tobreeding and spawning grounds of fish and other marine life, ...rich in genetic-diversity, ...likely to be inundated due to rise in sea level consequent upon
250:
is described as "the areas that are relatively undisturbed and those which do not belong to either
Category-I or II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not
155:
Maradu panchayat became a municipality in November 2010. The municipality approached the Division Bench of the High Court with an appeal, which was dismissed. In 2016, the division bench of the Kerala High Court ruled that Maradu municipality was solely responsible for the
198:
The Supreme Court, in an order issued on 6 September 2019 directed the state government to demolish the apartments and report by 20 September. Eviction notices were served to the residents subsequent to this. The residents say that they will resist the
584:
615:
663:
592:
671:
737:
269:, but was stayed by the division bench. Instead, the division bench allowed regularization of the building after imposing a fine of 1 crore. An appeal went against this overruling to the
80:. The H2O Holy Faith and Alpha Serene buildings were demolished on 11 January 2020 and the Jains Coral Cove and Golden Kayaloram were demolished on 12 January 2020 through implosion.
192:
to develop a model for demolition of the buildings. The one-month period lapsed and all the review and writ petitions filed by the residents of the different apartments were denied.
694:
335:
535:
REPORT FILED BY THE COMMITTEE CONSTITUTED AS PER THE INTERIM ORDER DATED 27.11.2018 IN SLP (C) NOS. 4238-4241/2016 AND 4231-4234/2014, BEFORE THE HONOURABLE SUPREME COURT OF INDIA
136:
The Local Self Government Department (LSGD) conducted a vigilance probe. During this probe, files were confiscated from the office of the Maradu Panchayat secretary.
715:
114:(MoEF) under the Environment Protection Act, 1986. This was for the regulation of activities in the coastal area. As per the notification, four categories of
801:
397:
188:
The Supreme Court accepted the contention of the KCZMA and ordered the five apartments to be demolished within a month. The Kerala government has contracted
225:
Apartments by CZMA or any other authorities. Hence the proceedings with respect to CRZ violations is not sustainable against M/s. Kayaloram Apartments..."
254:
Maradu is currently a municipal area and even before it was converted into a municipality, it was a legally designated urban area since it came under the
101:
774:
840:
826:
741:
877:
175:
entire blame was placed on them. The Kerala Coastal Zone Management Authority (KCZMA) became a party to the case and moved the Supreme Court.
345:
872:
168:
A single bench of the High Court of Kerala, set aside the show cause notice issued to Alpha Ventures by the Maradu panchayat.
457:"THE COASTAL REGULATION ZONE NOTIFICATION, 1991 CONSOLIDATED VERSION [INCORPORATING AMENDMENTS UPTO 24TH JULY 2003]"
255:
111:
420:"THE ENVIRONMENT (PROTECTION) ACT, and the motions of the restrictions will depend on the history of environment. 1986"
162:
CZMP prepared in accordance with the Coastal Regulation Zone Notification of 2011 marked Maradu in the CRZ-II category.
419:
265:
lake also is in violation of CRZ norms (CRZ-I). It was first ordered to be demolished in 2012 by the single bench of
93:
456:
124:
No Objection Certificate (NOC) was issued to Golden Kayaloram by the Secretary of Maradu Grama Panchayat.
100:. It came into force on 19 November 1986. The purpose of the Act is to implement the decisions of the
585:"Explained The Maradu imbroglio of a SC order, flat owners, Kerala govt, and municipal authorities"
115:
66:
270:
54:
373:
695:"Kerala: Uncertainty looms over 357 families as deadline to vacate Maradu flats ends today"
616:"Kerala: Uncertainty looms over 357 families as deadline to vacate Maradu flats ends today"
292:
398:"How 344 families in Kochi apartments got entangled in legal battle that began 10 yrs ago"
8:
29:
664:"Supreme Court warns Kerala government, says demolish 4 Kochi buildings by September 20"
361:
21:
45:
37:
820:
638:"Alfa Ventures Pvt.Ltd vs Government Of Kerala Represented ... on 19 September, 2012"
507:"The Kerala State State Coastal ... vs The State Of Kerala Maradu ... on 8 May, 2019"
283:
266:
203:
97:
142:
The permission to construct the buildings was granted by the Maradu Panchayat.
866:
775:"Kerala: Tale of two Coastal Regulation Zone violation cases, two SC rulings"
244:
other infrastructural facilities, such as water supply and sewerage mains."
427:
262:
802:"SC order on DLF project in Kerala could set wrong precedent, say experts"
637:
551:
506:
477:
77:
73:
189:
336:"SC orders demolition of 5 apartments Ernakulam's Maradu municipality"
340:
288:
762:
217:
court appointed committee without the permission of the court.
62:
58:
237:
global warming and such other areas as may be declared....."
738:"Maradu flats: SC accepts curative petition by flat owners"
716:"Kerala: Residents of Maradu flats to defy eviction notice"
462:. Ashoka Trust for Research in Ecology and the Environment.
211:
130:
In 1996, the Coastal Zone Management Plan was introduced.
478:"K.V.Jose vs Government Of Kerala on 30 December, 2006"
72:
The order was passed by a bench consisting of justices
118:(CRZ) were defined. CRZ I, CRZ II, CRZ III and CRZ IV.
800:
Nandy, Mayank Aggarwal,Madhurima (11 January 2018).
65:
to be demolished within one month, for violation of
110:In February 1991, a notification was issued by the
552:"JUDGMENT of HIGH COURT OF KERALA dated JUNE 2015"
102:United Nations Conference on the Human Environment
864:
763:GCDA, Official Web site of GCDA, 'About Us' page
661:
841:"Saving Maradu apartments: A simple solution"
333:
825:: CS1 maint: multiple names: authors list (
756:
228:
662:Anand Choudhary, Amit (7 September 2019).
83:
451:
449:
447:
445:
49:Alfa Serene Tower 2 - Maradu - Demolition
41:Alfa Serene Tower 1 - Maradu - Demolition
692:
614:Aravind, Indulekha (14 September 2019).
202:
44:
36:
28:
20:
613:
484:. THE HIGH COURT OF KERALA AT ERNAKULAM
865:
442:
395:
391:
389:
387:
385:
383:
261:The DLF property on the same banks of
212:Position of Golden Kayaloram residents
33:H2O Holy Faith - Maradu - Demolition 2
833:
799:
730:
578:
576:
574:
572:
546:
544:
501:
499:
471:
469:
329:
327:
325:
323:
321:
276:
708:
655:
529:
527:
396:Joseph, Neethu (13 September 2019).
256:Greater Cochin Development Authority
25:H2O Holy Faith - Maradu - Demolition
16:Violation of Coastal Regulation Zone
740:. 11 September 2019. Archived from
686:
630:
607:
582:
380:
334:Correspondent, Legal (8 May 2019).
112:Ministry of Environment and Forests
13:
569:
541:
496:
466:
318:
297:Maradu apartments demolition order
94:Environment Protection Act of 1986
14:
889:
524:
475:
207:Holy Faith H2O Explosion sequence
878:History of Kerala (1947–present)
793:
767:
96:was enacted in the wake of the
412:
273:, but the verdict was upheld.
1:
311:
221:Kerala was approved in 1996.
873:Supreme Court of India cases
693:P S Unnithan, Gopikrishnan.
7:
302:
291:-language film directed by
57:ordered five apartments in
10:
894:
251:substantially built up".
229:Maradu and CRZ II and III
116:Coastal Regulation Zones
84:Background and timeline
67:Coastal Regulation Zone
271:Supreme Court of India
208:
55:Supreme Court of India
50:
42:
34:
26:
206:
48:
40:
32:
24:
744:on 14 September 2019
674:on 14 September 2019
595:on 14 September 2019
476:MOHAN, K. SURENDRA.
348:on 14 September 2019
293:Kannan Thamarakkulam
847:. 14 September 2019
781:. 16 September 2019
718:. 11 September 2019
59:Maradu municipality
53:On 8 May 2019, the
845:The Times of India
779:The Indian Express
668:The Times of India
372:has generic name (
277:In popular culture
209:
51:
43:
35:
27:
400:. The News Minute
287:is a 2021 Indian
267:Kerala High Court
885:
857:
856:
854:
852:
837:
831:
830:
824:
816:
814:
812:
797:
791:
790:
788:
786:
771:
765:
760:
754:
753:
751:
749:
734:
728:
727:
725:
723:
712:
706:
705:
703:
701:
690:
684:
683:
681:
679:
670:. Archived from
659:
653:
652:
650:
648:
634:
628:
627:
625:
623:
618:. Economic Times
611:
605:
604:
602:
600:
591:. Archived from
583:Krishna, Navmi.
580:
567:
566:
564:
562:
548:
539:
538:
531:
522:
521:
519:
517:
503:
494:
493:
491:
489:
473:
464:
463:
461:
453:
440:
439:
437:
435:
426:. Archived from
416:
410:
409:
407:
405:
393:
378:
377:
371:
367:
365:
357:
355:
353:
344:. Archived from
331:
893:
892:
888:
887:
886:
884:
883:
882:
863:
862:
861:
860:
850:
848:
839:
838:
834:
818:
817:
810:
808:
798:
794:
784:
782:
773:
772:
768:
761:
757:
747:
745:
736:
735:
731:
721:
719:
714:
713:
709:
699:
697:
691:
687:
677:
675:
660:
656:
646:
644:
636:
635:
631:
621:
619:
612:
608:
598:
596:
581:
570:
560:
558:
550:
549:
542:
533:
532:
525:
515:
513:
505:
504:
497:
487:
485:
474:
467:
459:
455:
454:
443:
433:
431:
430:on 13 June 2002
418:
417:
413:
403:
401:
394:
381:
369:
368:
359:
358:
351:
349:
332:
319:
314:
305:
295:, based on the
279:
231:
214:
86:
17:
12:
11:
5:
891:
881:
880:
875:
859:
858:
832:
792:
766:
755:
729:
707:
685:
654:
629:
606:
568:
540:
523:
495:
465:
441:
411:
379:
316:
315:
313:
310:
304:
301:
278:
275:
230:
227:
213:
210:
201:
200:
196:September 2019
193:
183:
176:
169:
163:
157:
150:
143:
137:
131:
125:
119:
105:
98:Bhopal Tragedy
85:
82:
15:
9:
6:
4:
3:
2:
890:
879:
876:
874:
871:
870:
868:
846:
842:
836:
828:
822:
807:
803:
796:
780:
776:
770:
764:
759:
743:
739:
733:
717:
711:
696:
689:
673:
669:
665:
658:
643:
642:Indian Kanoon
639:
633:
617:
610:
594:
590:
586:
579:
577:
575:
573:
557:
556:Indian Kanoon
553:
547:
545:
537:. p. 17.
536:
530:
528:
512:
511:Indian Kanoon
508:
502:
500:
483:
482:Indian Kanoon
479:
472:
470:
458:
452:
450:
448:
446:
429:
425:
424:envfor.nic.in
421:
415:
399:
392:
390:
388:
386:
384:
375:
363:
347:
343:
342:
337:
330:
328:
326:
324:
322:
317:
309:
300:
298:
294:
290:
286:
285:
274:
272:
268:
264:
259:
257:
252:
249:
245:
242:
238:
235:
226:
222:
218:
205:
197:
194:
191:
187:
184:
180:
177:
173:
170:
167:
164:
161:
158:
154:
151:
147:
144:
141:
138:
135:
132:
129:
126:
123:
120:
117:
113:
109:
106:
103:
99:
95:
91:
88:
87:
81:
79:
75:
70:
68:
64:
60:
56:
47:
39:
31:
23:
19:
851:23 September
849:. Retrieved
844:
835:
809:. Retrieved
805:
795:
783:. Retrieved
778:
769:
758:
748:14 September
746:. Retrieved
742:the original
732:
722:14 September
720:. Retrieved
710:
700:14 September
698:. Retrieved
688:
678:14 September
676:. Retrieved
672:the original
667:
657:
647:15 September
645:. Retrieved
641:
632:
622:14 September
620:. Retrieved
609:
599:14 September
597:. Retrieved
593:the original
588:
561:15 September
559:. Retrieved
555:
534:
516:14 September
514:. Retrieved
510:
488:14 September
486:. Retrieved
481:
434:15 September
432:. Retrieved
428:the original
423:
414:
404:14 September
402:. Retrieved
370:|last1=
352:14 September
350:. Retrieved
346:the original
339:
306:
296:
282:
280:
263:Chilavannoor
260:
253:
247:
246:
240:
239:
233:
232:
223:
219:
215:
195:
185:
178:
171:
165:
159:
152:
145:
139:
133:
127:
121:
107:
89:
71:
52:
18:
78:Navin Sinha
74:Arun Mishra
867:Categories
312:References
190:IIT Madras
156:situation.
589:The Hindu
362:cite news
341:The Hindu
289:Malayalam
199:eviction.
140:2005-2006
821:cite web
806:Livemint
303:Opinions
186:May 2019
248:CRZ III
241:CRZ II
63:Kerala
811:4 May
785:4 May
460:(PDF)
284:Vidhi
234:CRZ I
853:2019
827:link
813:2020
787:2020
750:2019
724:2019
702:2019
680:2019
649:2019
624:2019
601:2019
563:2019
518:2019
490:2019
436:2019
406:2019
374:help
354:2019
179:2018
172:2015
166:2012
160:2011
153:2010
146:2007
134:2005
128:1996
122:1995
108:1991
92:The
90:1986
76:and
61:in
869::
843:.
823:}}
819:{{
804:.
777:.
666:.
640:.
587:.
571:^
554:.
543:^
526:^
509:.
498:^
480:.
468:^
444:^
422:.
382:^
366::
364:}}
360:{{
338:.
320:^
299:.
281:•
258:.
855:.
829:)
815:.
789:.
752:.
726:.
704:.
682:.
651:.
626:.
603:.
565:.
520:.
492:.
438:.
408:.
376:)
356:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
