New Delhi: Builders Jain Housing and Alpha Ventures have filed a review petition in the Supreme Court against the decision to demolish Maradu flats. They stated in the petition that the decision to demolish the flats cannot be justified and would be a national loss.
In the review petition filed by Alpha Ventures, it was pointed out that Supreme Court’s observation that the floods in Kerala was caused by the violation of coastal regulation zone act in Maradu is wrong. The dams in Kerala were filled to the limit even before August 14, 2018 but the situation worsened because of more water reaching the dams caused by heavy rains from August 14- 16.
The abrupt release of dam water was one of the causes for the floods. The petition also claims that the report submitted by amicus curiae cites lack of proper utilisation of the 79 dams in the states for the cause of the floods.
The three-member committee appointed by the Supreme Court to study about the violation of coastal regulation laws did not conduct an impartial investigation. It was without the court’s permission that the local self-government principal secretary stayed away from the committee. The committee meetings were often held without the required quorum.
The review petition also states that report submitted by the committee was without any responsibility. The committee did not even mention in the report in which part of the CRZ area the flats were constructed. According to them, the flats were constructed in an area that is classified as CRZ. The petition filed by advocate Mohammed Sadiq also claims that if new flats were constructed in the same area, it would be legally valid.
Apart from the builders, flat owners have also filed a petition in the apex court. Earlier, Justice Arun Mishra had stated orally that the petitions filed by the flat owners shall be considered by an open court. But the statement was not documented.
Will Justice Nariman be present in the bench that considers the review petition?
The two seniormost judges, including the Chief Justice and members of the bench that pronounced the earlier verdict, will be part of the bench that considers the review petition. After the chief Justice, NV Ramanna and Arun Mishra are the seniormost judges.
Both Justice Arun Mishra and Justice Naveen Sinha, who pronounced the earlier verdict, will be part of the review petition bench. Since Justice Arun Mishra, who is the third most senior judge in the SC, was also part of the earlier bench, it remains to be seen whether the CJI will include Justice Nariman also in the bench. Justice Nariman is the fourth most senior Judge in SC.
Justice Nariman had passed a verdict legalising construction of DLF flats, which were accused of similar charges, after slapping a penalty from them. Earlier, he had considered the case pertaining to Maradu flats as well.