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Long-drawn legal battle to level highrises

The builders affected by the decision then approached the High Court which ruled in their favour.

Kochi: The Supreme Court verdict to demolish five apartments in Maradu municipality was the result of efforts put in by T.K. Devarajan, the first chairperson of the Maradu Municipal Corporation in 2010. The building permission in violation of Coastal Regulation Zone was cancelled when Maradu panchayat was elevated to municipality, Mr Devarajan told this newspaper on Wednesday.

The builders affected by the decision then approached the High Court which ruled in their favour. A writ appeal in the division bench had also gone in favour of the builders. The matter was then taken to the SC with the Kerala Coastal Zone Management Authority (KCZMA) filing an appeal against the HC verdict.

T.H. Nadeera, the present chairperson of Maradu Municipality told reporters that action will be taken against the building in accordance with the Supreme Court verdict.

Maradu Municipality secretary P.K. Subhash expressed happiness over the SC verdict and said the civic body will be implement the verdict after getting a copy of the order.

The verdict has created panic amongst the residents in these apartments and builders. Most real estate developers said they would respond after seeing the SC order.

Residents in these dwelling units have decided to take legal measures to protect their units.

The average cost of a flat in an apartment complex like Holy Faith is estimated to be `1.5 crore. The other apartments identified for demolition in the SC order also command similar price tags. The builders and apartment owners are hoping that the precedent adopted by the Supreme Court in the DLF case could be invoked in the present case too.

In the case of DLF, the apex court dismissed the petition filed by KCZMA against the High Court order dropping CRZ violation against DLF Unive-rsal Ltd near Chilav-annoor Lake after imposing a fine of `1 crore in 2018.

The Kerala Matsya Thozhilali Aikyavedi president Charles George said the SC verdict ordering the demolition of five apartments for violation of CRZ rules should come as an eye-opener for the state government and other policy makers. Mr George is a litigant against two resort projects in Vembanad Lake in violation of the CRZ norms which the SC had directed to demolish in August 2013. Although five years have passed one of the resorts ordered to be demolished still remains intact.

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