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An appeal is filed in the SC against its 8th May order which ordered for removal of all illegal structures within one month in the prohibited area of CRZ Category in Maradu Municipality of Ernakulam, Kerala. The plea was filed for seeking extension of time for demolition of the buildings which were built in violation of Coastal Regulatory Zone Regulations. The current application is filed by a resident of flat who moved through Senior Advocate Ajit Kumar Sinha and contended before the court that some facts were suppressed from the bench during the earlier hearing of the appeal.
The bench however by rejecting the petition said that "We are of the view that it was very much clear before this Court and thereafter, the order was passed by this Court. Hence, we are not inclined to entertain this application. There is no question of extension of time." The court further stated that it would be open to the applicant to claim compensation from the promotor/builder in accordance with law in appropriate proceedings. However, that shall not mean that the premises have not to be vacated.
The 8th May order of the court was made because the construction activities in the notified CRZ areas of Kerala were done without any consultation of the Coastal Zone Management Authority which violated its regulations. The High Court had taken the view the permit holders cannot be taken to task for the failure of local authorities in complying with the statutory provisions and notifications. The court in its judgment ordered for all the structures to be removed within a period of one month from the order.
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