Retired judge appointed to probe illegal construction in Kerala's Maradu
May 05, 2022
New Delhi [India], May 5 : The Supreme Court on Thursday appointed Retired High Court judge, Justice Thottathil B Nair Radhakrishnan to enquire about the involvement of builders, promoters, and officials responsible for the illegal construction of the buildings in Maradu in Kerala.
"We request Justice Thottathil B. Nair Radhakrishnan, Chief Justice (Retd.), Calcutta High Court to enquire about the involvement of Builder/Promoter/persons/officials responsible for the illegal construction of the buildings which have already been razed to the ground," a bench of Justice L Nageswara Rao and BR Gavai said.
The top court directed the Kerala State Government to provide the necessary facilities
and extend all cooperation to Justice Thottathil B Nair Radhakrishnan for completing the inquiry "expeditiously".
The builders of the flats are also directed to appear before Justice Thottathil B Nair Radhakrishnan as and when summoned, the top court said.
The court also said that Justice Radhakrishnan may determine the fee for conducting an inquiry which shall be paid by the state government initially subject to further orders of this court.
The court requested Justice Radhakrishnan to conduct the inquiry expeditiously and submit the report by the second week of July, 2022.
The court listed the matter for July 18, 2022.
The apex court said that it is concerned with the amount of Rs 61.50 crores, which has been paid by the state government to the flat owners, be refunded to the Kerala government by those responsible for the illegal construction.
On behalf of the builders, it was submitted that even according to the order passed by the top court on September 27, 2019, it is necessary to find out who is responsible for the illegal construction before determining the quantum of liability.
On September 27, 2019, the court directed the state government to pay an amount of Rs 25,00,000 to each of the flat owners who were evicted, within four weeks.
The court had also made it clear in the said order that the amount would be recoverable from the Builder/Promoter/the persons/officials responsible for the illegal construction.
The Supreme Court had earlier directed to demolish high-rise apartment buildings in Maradu due to violation of the relevant Coastal Regulation Zone (CRZ) rules.
