Justice K. Balakrishnan Nair heads Maradu damages panel

Kochi: The Supreme Court has appointed retired Justice K. Balakrishnan Nair of Kerala High Court as the head of the committee to determine the compensation to be paid to the flat owners of Maradu facing eviction. The order issued by Justice Arun Mishra and Justice Ravindra Bhat also called for attachment of the properties and the bank accounts of the builders and promoters of the apartment complexes constructed in violation of the Coastal Regulation Zone rules.

The court directed the committee to associate the builders and other stakeholders in fixing the compensation and ascertaining the actual amount paid by the owners of each apartment.

The court stated that “this is ordered without prejudice to other proceedings which may be taken up by the flat owners against the builder, promoter, persons and officials responsible for raising the construction which may be taken for realisation of damages and compensation”.  The court also issued notices to Paul Raj, director of Alfa Ventures, Sany Francis, managing director, Holy Faith Builders and Developers, Sandip Malik, managing director, Jain Housing and Constructions Ltd, and K.V. Jose, managing director, K.P. Varkey & builders.

The case has been listed for further hearing on October 25. The court said that the chief secretary will be exempted from personal appearance if the authorities have complied with the assurance given to the court. In case of non-fulfilment of the assurance, the chief secretary will have to be personally present in the court in the next hearing.

“Without prejudice to their right to the further claim, we direct at this juncture, let the state government pay, out of its own fund, a sum of Rs 25 lakh to each of the flat owner’ within four weeks,” the order said. The amount shall be recoverable from the builder, promoter, the persons and officials responsible for raising the construction, it said.