Kochi: Over the weekend Kerala government executed a Supreme Court to demolish four residential towers in Maradu locality over infringing Coastal Regulation Zone (CRZ) norms, but it seems the legal wrangles over the plots may linger. Even as the dust raised by the controlled demolition is yet to settle, a slew of questions over the disputed property has arisen.
The four residential high-rises - Holyfaith H20, Alfa Serene, Jain Coral Cove and Golden Kayaloram - stood on over 4 acres in an environmentally sensitive area fringed by backwaters close to Kochi's Arabian Sea coast before they were razed on Saturday and Sunday.
Grey zones
It is not clear who can claim ownership of the lands now and whether they can be utilised in any way.
As per established norms regarding purchase of real estate, when apartments are built and sold, those buying them also get a proportionate part of the land over which the property comes up. However, this land is not normally divided nor is its ownership passed on to anyone. But in the rare circumstance of the buildings being demolished and the land remains, the problem of ownership might arise. At the same time, it is not known if the individual apartment owners can make any claims over the land as compensation for the lost property has been mostly given.
Some argue that the interim compensation ordered by the apex court is merely for the lost flats and that the question of ownership of the land over which it came up remains. The erstwhile flat owners claim that this has been made clear in the Supreme Court's verdict.
The flat owners in the razed Holyfaith H20 tower have already formed a society. They are all set to move the Supreme Court on Monday, seeking to hand over the land to them after clearing the debris.
Holyfaith H20 had come up on 1.05 acre and the twin towers of Alfa Serene were on a 1.5-acre plot. Jain Coral Cove stood on 1.30 acre and Golden Kayaloram on just 40 cents.
The court had ordered to levy the compensation and demolition expenses from the builders.
Likely action
Any further construction on this land, if allowed, has to adhere to the CRZ norms. The Maradu region falls under the CRZ-II category, according to the order issued last year.
As per the order, if there are authorised buildings or road adjacent to the land where the buildings were demolished, constructions can be allowed within the said limit.
Though notification on the CRZ Regulations 2019 was issued, it would only come into effect once its framework has been formulated. According to these norms, Maradu had been categorised as an island. In such areas, constructions are allowed only 20 metres away from the coast.
However, the Indian Institute of Technology (IIT), Madras, had recommended to set up mangrove parks on the land in its environment impact assessment report submitted in September.
The 1.72 sq km land within the coastal limits of Maradu had 0.92 sq km mangrove forests in 2014. However, this has now reduced to 0.01 sq km, leading to 28.5 tonnes of carbon dioxide emissions every year, the IIT report stated.
It is unlikely that private investors would opt for such a green initiative on the land for which they had shelled out huge sums of money. Either the government or municipality would have to take over the land for the mangrove park to be set up.
