SC upholds Kerala HC ruling against demolition of DLF building

Team SoOLEGAL 10 Jan 2018 12:03pm

SC upholds Kerala HC ruling against demolition of DLF building

Today, The Supreme Court upheld the judgment of the Kerala High Court, which had ruled against demolition of an apartment complex built by DLF in violation of Coastal Regulation Zone Rules.

The judgment was delivered by a Bench of Justices Rohinton Fali Nariman and Sanjay Kishan Kaul in a batch of appeals filed against the 2016 judgement of a Division Bench of the High Court.

DLF has to pay Rs. 1 crore in fine as per Kerala High Court judgment.

Senior Advocates Shyam Divan and Dhruv Mehta along with advocates Vipin Nair, PB Suresh, Prithu Garg and Abhay Pratap Singh appeared for the appellants.

Senior Advocates Kapil Sibal, Pinaki Mishra, Krishnan Venugopaland Ranjit Kumar appeared for DLF.

By way of background, a Single judge of the High Court had ruled against DLF and had directed the Kochi Corporation to stop all further construction by DLF. It had also ordered demolition of portions of the building constructed in violation of CRZ norms.

DLF had appealed against the judgment to Division Bench of the High Court, which had modified the order of Single judge. The Division Bench had granted permission to the company to pay a fine of 1 crore, and avoid demolition of the building.

The State of Kerala, Kerala State Coastal Zone Management Authority and the petitioner in High Court AV Antony had appealed against this decision to Supreme Court.

The appellants had argued in Supreme Court that in the context of ‘regularization’ of unauthorized constructions, particularly those violating the laws and norms set up for protecting the environment around the coastal areas like the Coastal Regulation Zone [CRZ] Notifications, the Supreme Court has taken an unequivocal and clear stand against erring real estate promoters and builders, who endanger the fragile coastal ecosystems in our country.

They had contended that the Supreme Court while dealing with such infractions had ordered demolition of offending constructions, whatever is the stage of construction.  Hence, payment of monetary fine cannot be allowed to facilitate the builder to escape liability.

Tagged: Supreme Court   Kerala High Court   DLF     
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