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Homechevron_rightKeralachevron_rightHC rejects flat owners ...

HC rejects flat owners petition; can claim compensation from builders

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HC rejects flat owners petition; can claim compensation from builders
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Kochi: Kerala High Court on Tuesday rejected the petition submitted by the flat owners against their eviction from the four apartment complexes constructed at Maradu in Kochi ordered by Supreme Court on the basis of  violation of  Coastal Regulations Zone norms.

The petitions were filed by flat owners Colonel KK Nair in Holy Faith H2O Retd,  and MK Paul in Golden Kayaloram.

The single bench however,  said that the flat owners can go for legal procedures to get compensation.  The bench also pointed out the Supreme Court order itself has made allowance for such claim,  and that the apex court has barred any other court from hearing cases regarding the demolition.

The flat owners submitted in the High Court that for evicting the residents, Maradu municipal authorities have not followed the procedures. The court rejected this averment for want of legal support,  as the highest court had directed the local body to serve notice on occupants to vacate the building and the municipality has taken steps including serving of notice based on the judgement.

The court further observed that the SC court verdict was intended as a stern warning against violators and for those who think that they could flout regulations and get things regularised subsequently.

Maradu Municipality submitted before the court that they acted in compliance with the SC order.  The state government also submitted that the Supreme Court has adjourned the case before it for order on Friday.  Based on these,  the single bench rejected the petition with the observtion that the owners could claim damages from the builders.

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