The Supreme Court in the case Kerala Coastal Zone Management Authority versus Maradu Municipality and others observed to enquire about the involvement of Builder/Promoter/persons/officials responsible for the illegal construction of the buildings in Maradu, Kochi. Thereafter the court appointed a former Chief Justice of the Calcutta High Court and former judge of the Kerala High Court, Justice Thottathil B Radhakrishnan to enquire on the same.
to fix the compensation payable to flat buyers the court had appointed former Kerala High Court judge Justice K Balakrishnan Nair to head the panel in September 2019.
The order stated that the Justice Thottathil B. Nair Radhakrishnan may determine the fee for conducting enquiry which shall be paid by the State Government initially subject to further orders of this Court. As and when summoned the builders of the flats are also directed to appear before Justice Thottathil B. Nair Radhakrishnan. All the necessary facilities and extend all cooperation for completing the enquiry expeditiously shall be provided to the State Government.
On 2nd week of July, 2022, a report needs to be submitted for conducting of the enquiry expeditiously, the bench requested Justice Radhakrishnan.
Following the directions issued by the Supreme Court in January 2020 Four high rise apartment buildings in Maradu were demolished and it was found that the building was built in violation of the relevant Coastal Regulation Zone norms.
It was necessary to find out who is responsible for the illegal construction before determining the quantum of liability as per order dated 27.09.2019, the builders submitted before the court.
Justice Thottathil B. Nair Radhakrishnan may determine the fee for conducting enquiry which shall be paid by the State Government initially subject to further orders of this Court and The builders of the flats are also directed to appear before Justice Thottathil B. Nair Radhakrishnan as and when summoned.
it is necessary to find out who is responsible for the illegal construction before determining the quantum of liability. it was submitted that even according to the order passed on behalf of the builders.
The bench comprising of justice L Nageswara Rao and justice BR Gavai observed and passed the directions with the amount of Rs.61.50 crores of which the court is concerned and being refunded to the State Government by those responsible for the illegal construction of which the amount has been paid by the State Government to the flat owners.
The order stated that the Justice Thottathil B. Nair Radhakrishnan may determine the fee for conducting enquiry which shall be paid by the State Government initially subject to further orders of this Court. As and when summoned the builders of the flats are also directed to appear before Justice Thottathil B. Nair Radhakrishnan.
