[Maradu flats] Builders, Kerala government, local authorities liable for illegal construction: Justice Thottathil B Radhakrishnan report

The one-member committee constituted by the Supreme Court to enquire into illegal construction of the now-razed Maradu flats in Kerala, has held that liability to pay compensation to the flat owners is not only on the builders, but also on the State government, and the concerned Municipality and Panchayat..The committee comprising retired High Court judge, Justice Thottathil B Radhakrishnan, reasoned that even though the builders are responsible for the illegal construction, the State and other institutions and its officials are responsible for allowing the construction to be carried out until the order for demolition was issued."In conclusion, on the basis of the aforementioned facts, materials and factors, I humbly submit that while the builders cannot but be held responsible for the illegal construction of the builings, which have already been razed to ground, the Government of the State of the State of Kerala, as also the Maradu Grama Panchayat, the Maradu Municipality, the officials of the State Government and Local Self Government Institutions are responsible for raising the constructions to the stage to which they came up by the time there were ordered to be demolished," the enquiry report said..The report, however, left it to the Supreme Court to determine the nature of the liability, whether it is to be joint and several, or apportioned. "Any issue relating to the nature of liability, that is to say, whether it is to be joint and several, or whether it is to be apportioned, would depend upon the legal issues which this Hon'ble Court may choose to consider in the event such questions being reckoned as decisive" the report stated. .In the wake of the devastating floods that hit Kerala in 2018, the Supreme Court had ordered the removal of all illegal structures built on the notified Coastal Regulatory Zone (CRZ) of the Maradu municipality in Ernakulam district.While ordering the same, the Court observed that construction in CRZ areas can be allowed only after consultation with the Coastal Zone Management Authority.A review petition was later filed against this judgment by a builder of one of the apartment buildings, arguing that the judgment was based on the incorrect understanding that the constructions are made in areas notified as CRZ III, when in fact they were constructed in compliance with the CRZ norms.However, in September 2019, the top court ordered the Kerala government to pay ₹25 lakh as interim compensation to the affected flat owners, which were to be recovered from the builders and the remainder to be awarded to the flat owners to be evaluated by the Justice Radhakrishnan Committee. The Court later ordered the builders to deposit ₹20 crores with the committee.The Supreme Court also asked the committee to assess the documentary proof of payments made by flat owners to builders after some homebuyers told the Bench that they had paid more than ₹25 lakh to the developers..The report of the committee, which has now been tabled before the Supreme Court, found that officials of the panchayat had issued the building permits, and later failed to issued any stop memo to the builders. The officials were also aware of the CRZ classification and that the area of the now demolished buildings fell in a no development zine as per the relevant notification, the committee found.The report also stated that the authorities and builders could not rely on any proposed decision to change the CRZ status to bolster their case, as there is no material to indicate that any new notification would have had any retrospective effect..After the report was tabled before the Supreme Court on Monday, it was opened at the request of Senior Advocate V Chitambaresh, counsel for the agreement-holders.Amicus Curiae Gaurav Agarwal was directed to serve copies of the report to all counsel. Justice Radhakrishnan has also sought that the Supreme Court fix the fees he needs to be paid, rather than decide it himself. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.