A Supreme Court committee, chaired by former Calcutta High Court Chief Justice Thottathil B. Radhakrishnan, on Monday blamed the Kerala government, its officials, Maradu grama panchayat, municipality and local self-government institutions as well for the illegal constructions raised in violation of stringent coastal zone norms.
“While the builders cannot but be held responsible for the illegal construction of the buildings, which have already been razed to the ground, the Government of Kerala, as also the Maradu grama panchayat, the Maradu municipality, the officials of the State government and the local self-government institutions are responsible for raising the constructions to the stage up which they came up by the time they were ordered to be demolished by the Supreme Court,” the committee report concluded.
The Justice Radhakrishnan committee was constituted by the Supreme Court in May to conduct an enquiry and identify who is “responsible” for clearing the Maradu high-rise residential apartments, which were razed to the ground on the court’s orders in 2019.
The report said issues relating to the “nature of liability, that is to say, whether it is joint and several, or whether it is to be apportioned, would depend upon the legal issues which the Supreme Court may choose to consider”. The committee had been asked by the court to also determine the quantum of liability among those responsible.
Tabled in SC
The report was tabled before a Bench led by Justice B.R. Gavai on Monday and was opened on the request of senior advocate V. Chitambaresh, appearing for one of the parties.
In 2019, the Supreme Court had concluded that the high-rises overlooking the backwaters were an “unscrupulous trespass” with “devastating effect” on the fragile eco-zone of the area.
The turn of events which led to the formation of the Justice Radhakrishnan committee was heralded by Kerala’s request to be reimbursed ₹61.5 crore it had distributed to the evicted residents of the flats on the orders of the apex court. Kerala had agreed to pay the flat owners on the basis of the September 27, 2019, order of the apex court that the amount would be recovered from those responsible for the violation.
After disbursing the amount, the State government had filed an affidavit in October 2019, seeking reimbursement from the builders.
Subsequently, a Supreme Court-appointed committee chaired by another retired High Court judge, Justice Balakrishnan Nair, which was formed to portion out the payments, was asked to direct the builders to reimburse the State. The committee, in its latest report in March 2022, determined the amount the builders have to pay.
But the builders, led by senior advocate Kapil Sibal and advocate Haris Beeran, had argued that the September 27, 2019 order had specified the necessity to first find out the people “responsible” for the constructions. The entire liability could not be put on the builders alone.
