Kochi: A division bench of Kerala high court on Saturday granted a three-month stay on a single bench order to demolish a portion of the DLF apartment complex on the banks of Chilavannoor backwaters allegedly for violating the Coastal Regulation Zone (CRZ) notifications.
The bench comprising Justice Thottathil B. Radhakrishnan and Justice Babu Mathew P. Joseph passed the order on an appeal filed by the DLF.
The single bench had directed the DLF to stop all further constructions as per the permit issued to them and to demolish the building. The division bench, however, asked the DLF to obey the other directions in the single judge’s order.
Surprisingly, the Kochi Corporation did not oppose the petition for the stay order. Advocate Wahida Babu appeared for Babu Karukappadath, the standing counsel of Kochi Corporation.
According to sources, the corporation is not planning to oppose the plea since the DLF went ahead with the project on the strength of the permits granted by it.
The DLF argued that the single judge primarily relied on the report of a three-member committee appointed by KCZMA, the constitution of which itself was illegal and without jurisdiction.
The petitioner submitted that the order was incorrect and contrary to the documentary evidence on record.
As per the office memorandum issued by the Ministry of Environment and Forests on February 8, 2011, the Kerala Coastal Zone Management Authority (KCZMA) is the only recommendatory authority to forward its recommendation to the State-Level Environment Impact Assessment Authority (SEIAA) which is the final authority to issue the CRZ clearance. The division bench will consider the case again after serving the notices to the parties.
