CRZ : SC Asks Kerala To Explain Action Taken Against Violators [Read Order]

A Bench comprising of Justices RF Nariman, Navin Sinha and KM Joseph issued show-cause notice to the State of Kerala and ordered that the "contemnor has to file an affidavit, within three weeks from today, as to what steps they have taken pursuant to our order dated 23.09.2019".

The Bench noted that the State would get four weeks to respond to whether it has complied with the Court orders in "letter and spirit".

The matter will now be heard on 5^th November, 2019.

In the 23.09.2019 Order, a Supreme Court Bench comprising of Justices Arun Mishra and S. Ravindra Bhat had noted that State of Kerala had no concrete plan carved out to undertake the demolition.

Further, permission had not been obtained from KSCZMA to raise construction and "it is due to such violation and tortuous action, the entire environment is being degraded and coastal zones are being illegally occupied".

The Court further noted that rather than preventing the violations, the authorities were mobilizing public opinion and time had come "to hold them responsible for their active connivance in such activities of degrading the environment and violation of the coastal zone regulations etc".

Accordingly, the State of Kerala was directed to submit a concrete plan to prevent such violations in future and also to take action against the existing violators.

"It is also to be put on record as to what course of action they propose against all such existing violators and how many such constructions exist at present in the State of Kerala which are in violation of the notification issued by the Coastal Regulation Zone Authority".

On 27.09.2019, the Supreme Court then directed the State Government to pay, out of its own funds, a sum of Rs. 25 lakhs to each of the flat owners who were being evicted, and that the amount would not be recoverable from the Builder/Promoter/ the persons/officials responsible for raising the construction.

A Committee was also to be constituted and headed by Justice (Retd.) K. Balakrishnan Nair in order to look after the payment of the amount to each of the flat owners, as well as to work out the actual amount paid.

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Read Order