Kochi: Kerala high court on Monday asked the Kochi Corporation to demolish the flat complex that has been built in violation of the Coastal Regulation Zone (CRZ) Act on the banks of Chilavannoor backwaters. The court also asked the DLF to stop all construction activities at the site.
Justice A.V. Ramakrishna Pillai held that the purpose of law was to preserve nature for posterity. “If the violation of laws is allowed to continue, life will be in peril,” the court held.
“Nature which is the property of the nation cannot be allowed to be scrambled by a minority violating all laws.
The authorities are constituted under various enactments to see that the environment is protected and to ensure that the present topography which keeps the ecological balance is not disturbed,” it said.
“There had been lethargy on the part of Kochi Corporation in ascertaining whether the DLF obtained proper clearance before they were issued building permit.
Building permits were issued in violation of the CRZ notification, 1991, and the corporation had violated the law of the land by issuing permits in the CRZ area.
Any constructions made in violation of CRZ notification cannot be regularised,” the court observed.
The court was considering a plea filed by Mr A.V. Antony, Chilavannur road, Ernakulam, against the construction.
The court further observed, "the right to life guaranteed by the Constitution takes innumerable rights, including the right to enjoy nature in the present form.
Indiscriminate invasion of nature to the detriment of others is an invasion of right to life."
The court refused to accept the contentions of apex court lawyer Nalini Chidambaram that there was nothing to show that the petitioner had suffered any individual loss and that he could approach the tribunal for local self-government against the corporation for not taking action.
The court observed that environmental degradation was best protected by the people themselves.
"The petitioner, a citizen residing the locality, has come up with the petition pointing out the illegalities committed by the DLF and the latches on the part of the Kochi Corporation," it said.
The DLF defended its action and submitted that it had purchased 512.885 cents of land in 2006.
It was a dry and developed land which comes within the residential zone as per the structural plan for central city, Kochi.
They were given CRZ clearance in the 40th meeting of KCZMA. The Kerala State Environmental Impact Assessment Authority had also granted CRZ clearance to them.
