When justice becomes a cruel joke

The site of the Jain Coral Cove, one of the four apartments in Maradu. File
| Photo Credit: The Hindu

The four apartments — Golden Kayaloram, Alfa Serene, H2O Holy Faith, and Jain Coral — that came up on the banks of Vembanad Lake in violation of the Coastal Regulation Zone (CRZ) norms were pulled down on January 11 and 12, 2020, after evicting its nearly 350 residents. The Supreme Court, which ordered the demolition, had also asked the State government to pay compensation to the tune of ₹25 lakh each to the apartment owners, which eventually has to be recovered from the builders as well as the erring government officials, who gave clearance for the constructions in violation of the laws.

The rationale for ordering the demolition was that the apartment complexes were built in violation of the CRZ 2011 rules which were in force while the buildings were put up. It was also pointed out that the Maradu panchayat permitted the construction of the apartments without obtaining the prior permission of the Kerala Coastal Zone Management Authority, a prerequisite under the CRZ rules.

Much water has flowed into Vembanad Lake since the demolition.

The CRZ 2011 was replaced with CRZ 2019, which offered more avenues for construction and development activities towards the landward side of water bodies. Kerala recently claimed the benefits of the CRZ 2019 regime by getting its Coastal Zone Management Plan (CZMP) approved by the Union Ministry of Environment, Forest and Climate Change.

Meanwhile, the top court appears to have changed its mind over the demolition of the buildings. A three-member Bench of the court while empathising with the apartment owners, felt that the buildings could have been saved by imposing heavy costs on the violators.

The court had earlier ordered the demolition of Kapico Resorts, built in Nediyathuruthu, an island in Vembanad Lake in Alappuzha district for violating environmental and coastal rules in 2022. Some portions of another resort built on another backwater island were also demolished for violations. The top court also asked the authorities to crack down on the violations along the lake’s banks and initiate steps to protect the lake system.

Meanwhile, another multi-storied apartment complex, which was also reportedly built in violation of the CRZ rules at Chilavannur, a few kilometres away from the now-razed Maradu apartments, was spared from the detonators and bulldozers by the top court in 2018. A two-member Bench asked the builder DLF Universal Limited, to remit one crore fine to the authority, which could be used for better enforcement of the CRZ rules.

Last week, the top court deputed Gaurav Agarwal, the amicus curiae, to Maradu panchayat to find out whether construction of new apartments would be possible at the site where the four structures once stood. The changed legal status of the holding under the CRZ 2019 regime and the subsequent requests of some of the builders and the apartment owners for permission for construction prompted the top court to explore the possibility.

The holding where the Maradu apartments once stood was included in Zone Three under the CRZ 2011 where the No Development Zone was 100 metres from the High Tide Line.

However, the new CZMP, which was approved for the 10 coastal districts of the State, has included Maradu Municipality in Zone Two, where the restrictions on construction have been significantly eased. The new regime permits construction along the building line of the existing built-up area. It allows construction activities towards the landward side of the authorised structures.

As the authorities are busy drawing the building line to demarcate the areas and assess the extent to which constructions are possible, the developments have left the erstwhile residents fuming. Justice delayed, they say, is justice denied.

While the demolition of the apartments has sent a strong message that the environmental violators would not be left scot-free, the Maradu apartment owners who lost their abode feel they are the victims of the delayed justice and wisdom that prevailed on the top court. They paid dearly for no fault of theirs.

As the top court contemplates undoing what many perceive as an injustice committed to the innocent buyers, its earlier order is unlikely to bring them any solace.