Kochi: The Kerala High Court on Tuesday gave the nod for Thiruvananthapuram District Disaster Management Authority to demolish a five-storey building owned by hotelier Biju Ramesh sitting on the Thekkanankara canal in Thiruvananthapuram city. A division bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaff-ique issued the order while setting aside a single bench order.
State says Biju encroached its land
Senior government counsel filed an appeal against the single bench order arguing that hotelier Biju Ramesh encroached upon the government land and had constructed a multi-storied building over the drainage canal.
"Single-judge absolutely went wrong in making classification of the disaster management measures as an emergency measure, long-term measure, and hybrid measure. Therefore, the entire approach of the single judge is totally contrary to the statutory scheme the state submitted. Recording the submissions made by the state, the single judge committed an error in interfering with the proceedings directing the state to take recourse to the Land Acquisition Act and Land Conservancy Act, which was unwarranted, the Bench held.
The court observed that state neither intends to take possession of the entire area of Biju nor directs them to remove the entire building in their possession. The state only intends to clear the area above the canal so that repair and renovation works in the canal may be undertaken.
The action taken by the district authority is within the four corners of the 2005 Act, and Biju had no ground to challenge the proceedings, the court observed.
According to the state government, out of the 75 encroachments, except the petitioner, all were either voluntarily vacated or evicted under the Disaster Management Plan issued under section 31 of Disaster Management Act.
