Maradu Flats : SC Dismisses Plea Which Expressed Concerns Of Collateral Damage To Neighborhood By Demolition [Read Order]

The Supreme Court has dismissed the writ petition filed by a resident in the neighbourhood of Maradu flats in Kochi, which had expressed concerns of 'collateral damage' to the area that might be caused if the demolition is carried out without proper planning and assessment.

The bench of Justices Arun Mishra and Ravindra Bhat summarily dismissed the petition on September 23 observing :

"At the instance of the petitioner, no ground to interfere is made out, the writ petition is dismissed."

In the writ petition, the petitioner had submitted that he and his family have been residing in a plot of land and house located adjacent to these for the last 66 years. He urged that their life and property is in danger as the authorities are planning to carry out an implosion/explosion in the adjacent apartment complex without any proper planning &assessment of impact of the said demolition.

It was further contended that the demolition 'is likely to cause havoc in the vicinity, as the massive building when demolished with an implosion, shall submerge the residence which is only 600 sq.ft of the Petitioner herein and other such small houses located in and around the vicinity, fully with the debris and rubble that is emitted from the demolition.'

He had sought a direction from the Apex Court to ensure that no damage is caused to the neighbourhood and to the very fragile ecosystem and a direction to conduct a proper Environment Impact Assessment ( EIA) before actual demolition by implosion is carried out in these structures.

He had submitted that various studies carried out by organizations have come to a conclusion that, about 400 to 500 kilograms of solid waste is likely to be generated per every square meter of demolition and the same would run to many square meters of construction leading to tones of solid waste.

On Monday, the Supreme Court had pulled up the Chief Secretary of the Kerala Government for failure to execute the directions in the May 8 judgment to demolish the apartments for CRZ violations.  The Court had taken suo moto contempt proceedings after noting that the demolition order had not been executed within the prescribed time limit. Further orders in the case will be passed on September 27.

The demolition order was passed on May 8 based on the report of a three-member committee appointed by the Court which stated that when the constructions were made, the area was designated as CRZ-III, where such constructions are prohibited. The Court also noted that Panchayat had granted the building permits without the concurrence of the Coastal Zone Management Authority, which was mandatory.

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