‘Your attitude is of defiance’: SC pulls up Kerala govt on Kochi apartment demolition

Chief Secretary Tom Jose stated that the Kerala government needs three more months to implement the SC order to demolish the four apartment complexes.

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Hearing the matter over the demolition of apartment buildings in Kochi, the Supreme Court on Monday pulled up the Kerala government for not following its orders and asked what action the government has taken against illegal constructions.

The two-judge bench, headed by Justice Arun Mishra, came down heavily on Chief Secretary Tom Jose, who was present in court, stating that he will be personally held responsible if illegal constructions have taken place on Coastal Regulation Zones (CRZs).

The Supreme Court had given an ultimatum that four apartment buildings – Jains Coral Cove, Alfa Serene, H2O Holy Faith and Golden Kayaloram – that were constructed in violation of the Coastal Regulation Zone (CRZ) norms, should be demolished by September 20. Though the state government had a few measures as a precursor to demolition, the order was not complied with.

"We are really shocked. What action the state government has taken against illegal constructions? If some disaster happens in the coastal zones, the families residing in the buildings will be the first ones to get affected. Your officers should be held responsible,” Justice Mishra stated, a Live Law report said.

Justice Arun Mishra also slammed the Chief Secretary, stating that the affidavit submitted by him on the issue does not even state the date by which the government can complete the demolition of the apartments.

"We can make out your intention from the way you have filed the affidavit. You are in patent breach of law. Your attitude is of defiance,” Justice Mishra added.

According to reports, SC also questioned the Chief Secretary whether the government is ready to conduct a survey about the buildings constructed in violation of CRZ norms.

Meanwhile, the Chief Secretary told the Supreme Court that the government needs three more months to implement the apex court’s order. Talking to the media after the court proceedings, he stated that the government will take the next step by September 27 and that he is duty-bound to implement the SC order.

Meanwhile, AC Moideen, Minister for Local Self Govt Department, told the media that the government will only take action as per the law. “There are no options in front of the government other than abiding by the law,” said the minister.

This is not the first time that the Supreme Court has pulled up parties in the case. The bench, comprising of Justice Arun Mishra had, earlier too, had come down on the petitioners who had approached a vacation bench and got an interim stay on the demolition order. SC had then stated that fraud was played on the court by the petitioners.

It was on May 8, 2019, that the Supreme Court bench ordered the four apartment buildings to be demolished within a month. On September 6, the Supreme Court had given an ultimatum in the case saying that buildings should be demolished within September 20.

Also read:

How 344 families in Kochi apartments got entangled in legal battle that began 10 yrs ago

SC demolition order on Maradu: Will other buildings violating CRZ norms meet same fate?

Why demolishing Kochi apartments to safeguard environment can be counterproductive