HC orders demolition of DLF flats for CRZ violation

KOCHI: The Kerala high court on Monday ordered Kochi Corporation to demolish a premium apartment complex developed by DLF Ltd, one of the country’s largest builders, on the banks of Chilavannoor backwaters in the city.
Considering a petition alleging violation of Coastal Regulation Zone (CRZ) norms, Justice A V Ramakrishna Pillai ordered, “The writ petition is disposed of directing respondents 1 and 2 (secretary and assistant engineer of Kochi Corporation) to stop all further constructions as per the permit bearing No.KRPI 318/2007 issued to the fourth respondent (DLF’s partnering company Adelie Builders) and to demolish the buildings constructed as per the aforesaid permit in violation of the CRZ notifications.”
In fact, the audit report of the Comptroller and Auditor General (CAG) has highlighted the impunity with which zoning laws have been violated in the city and the arbitrary manner in which Kochi Corporation has permitted construction activity, especially in premier locations involving big builders. The CAG report exposeshow Kochi Corporation has allowed various high rise projects along the backwaters without prior mandatory sanction from Kerala State Coastal Zone Management Authority (KCZMA) and the Ministry of Environment and Forests (MOEF). This was the case in the DLF project too.
Kochi mayor Tony Chammany said the civic body would go by the court verdict and ensure demolition. “We are yet to get the copy of the verdict. If the court orders demolition of the building, the local body is bound to execute it,’’ said K J Sohan, chairman, standing committee for town planning, Kochi Corporation.
According to Sohan, elected representatives of the civic body don’t have any say in issuing building permit and that "it is not clear which officials erred’". Interestingly, the CAG audit reveals that in 49 cases, where Kochi Corporation issued permits for construction that violated the crucial structure plan under Kerala Municipality Building Rules, it was based on the recommendations of the town planning committee.
The petition in the high court was filed by A V Antony, who resides near the project named ‘Riverside’, through advocate G Gopakumar. ‘Riverside’ consists of five towers extending up to 20 floors, which houses 185 apartments in five acres of land. The petition was filed against Adelie Builders and Developers, which owns over five acres of land and has a development agreement with DLF.
In the order, the court pointed out that though the company claimed that they were given CRZ clearance in the 40th meeting of KCZMA, minutes of the meeting reveal that the decision was only for referring the project to the MOEF. Such referral can never be treated as final approval of the project, the court held. This aspect is also clarified by the KCZMA in their counter affidavit, the court said.
Further, the court said minutes of the Expert Appraisal Committee of MOEF would show that the ministry, to which the project was forwarded, never gave any approval to the project. "The 4th respondent (Adelie) who claims that CRZ clearance was obtained has not produced any document to show that clearance was issued either by the third respondent (KCZMA) or by the MOEF," the judgment said.