H2O Holy Faith, Golden Kayaloram, H20 Holy Faith, and Jains Coral Cove - these four apartment buildings in Maradu, a 1,235 square kilometre municipality in Kerala’s Kochi, are located on a prime location on the Vembanad lake. These buildings have a breathtaking view of the water. However, these four buildings are now at the centre of a raging controversy.
Observing that these luxury apartment complexes have been constructed in violation of the Coastal Regulation Zone (CRZ) rules and therefore are illegal structures, the Supreme Court ordered its demolition. These buildings have been built dangerously close to the Vembanad lake. And no matter how awesome and luxurious that may seem – in most cases, this is a violation of Indian environmental laws.
The Environment Protection Act of 1986 designates some areas under CRZ, which means, construction activity is prohibited in these zones. The more environmentally sensitive an area is, the more stringent the rules are.
The point of contention in Maradu is whether these apartments had to follow rules for CRZ 2, or CRZ 3. While CRZ 2 applies to urban areas, including municipalities that have already been developed close to the shore-line, CRZ 3 applies to relatively undisturbed and rural areas. While the rules are more relaxed for CRZ 2, they’re more stringent for CRZ 3.
The builders and homeowners of these apartments claim that the four buildings fall under CRZ 2. The residents also say that they followed all the rules and had all documents (from the panchayat and banks) in place. However, a committee formed by the SC court itself said it is a CRZ 3 zone.
While there is no doubt that if these apartments are demolished, it’s going to be a big blow to 2,000 people. However, the environment, too, needs to be protected – we’ve seen the damage caused by humans in the recent floods and landslides in Kerala itself.
But how can you make sure that you avoid being in such a situation while buying a house?
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Here’s the full transcript
This Maradu… A 1,235 square kilometre municipality in Kochi... A prime location and a beautiful one on the Vembanad lake… and suddenly the centre of a raging controversy.
Alfa Serene is a premium waterfront apartment complex with 80 flats... On their website, Alfa Ventures advertises the breathtaking view of the water from all the apartments – and it is, indeed, breathtakingly beautiful.
It is also, however, a violation of Coastal Regulation Zone rules, according to a committee appointed by the Supreme Court.
And the court has now ordered the demolition of this building... along with three others in Maradu municipality: Golden Kayaloram, H20 Holy Faith, and Jains Coral Cove.
You see, these apartments have been built dangerously close to the Vembanad lake. In fact, you can see the fence of this particular apartment is actually touching the waterbody. And no matter how awesome and luxurious that may seem – in most cases, this is a violation of Indian environmental laws.
The Environment Protection Act of 1986 places some areas under the ‘Coastal Regulation Zones’ – CRZ for short. Now, these zones are where construction activity is prohibited – and the more environmentally sensitive an area is, the more stringent the rules are.
CRZ 1 areas are ecologically sensitive and important, such as national parks, marine parks, sanctuaries, reserve forests, etc.
CRZ 4 meanwhile applies to coastal stretches in the Andaman & Nicobar, Lakshadweep and many small islands.
The point of contention in Maradu is whether these apartments had to follow rules for CRZ 2, or CRZ 3.
While CRZ 2 applies to urban areas – including municipalities that have already been developed close to the shore-line…
CRZ 3 applies to relatively undisturbed and rural areas. While the rules are more relaxed for CRZ 2, they’re more stringent for CRZ 3
The builders and homeowners of these apartments claim that the four buildings fall under CRZ 2, but the Supreme Court had decided, on the basis of a report submitted by a committee formed by the court itself, that this is a CRZ 3 zone. And therefore, for the sake of the environment, the court has ordered the demolition of these buildings.
Dr Deepa Nair: “On May 8, I was in my workplace. People started calling me, saying that they are seeing my apartment (building) on TV and the Supreme Court has called for its demolition. First I laughed it off because I did not believe it. We were never a part of this case. We were provided with the correct documents, that we verified, and bought this apartment.”
“This is not a flat or a house for us... it is my home. My kids grew up here. So to get out of the house one fine day is... very heartbreaking.”
The residents say, they followed all the rules. But the court says these buildings were clearly in violation. So what’s the truth, and how can you make sure that you avoid being in such a situation while buying a house?
To understand this, we need to understand the timeline of this case.
Sometime between 2005 and 2006, five builders reached out to the Maradu Panchayat seeking permission to build five luxury apartment complexes in the area. In 2006 the Maradu Panchayat gave them permission.
Remember, that in 2006, Maradu was a PANCHAYAT – a rural area – and therefore, it came under CRZ 3 automatically. Therefore, the Kerala State Coastal Zone Management Authority contested the building of these apartments. The Panchayat then notified the builders – but the builders then managed to get a stay from the Kerala High Court, and went ahead with the construction.
Which brings us to the first mistake that homeowners MUST avoid before buying a property. If there is ANY kind of legal tangle, save your money, and look for something else.
In 2010, Maradu was reclassified as a municipality – which means it became an Urban area, and the builders and residents say that therefore, the buildings should not be demolished. However, this brings us to the second thing you must remember before buying a house.
Today’s laws do not apply to yesterday, in most cases.
“When a property entangled in litigation is transferred pending the litigation, the buyer, even if he is not a party to that and is not aware of the property... the final verdict will be binding on the buyer as well.”
Remember your civics lessons in school? Ignorance is NOT bliss. The residents at these four apartments in Maradu say that the Panchayat gave them all the required permissions – so they are not at fault. However, Maradu Panchayat never had the authority to give these permissions.
Dr Deepa Nair: “We checked for the builder's permit, possession certificate, encumbrance certificate. We had an advocate from our side who verified everything. Then we applied for the bank loan. The bank also has an advocate who will scrutinise everything. The panchayat gave us the number, electricity board gave us the connection. Since 2010, I have been paying the tax, electricity bill, and staying here. Of course, we inquired about the background of the builder. So we did not find anything suspicious. As far as we are concerned, we will only look at whether our property has all the valid documents. So that was in place and that's why we bought the apartment.”
Bringing us to point 4: Do your homework, especially when it’s a property that is on the waterfront, or in a forest area.
There is no doubt that if these apartments are demolished, it’s going to be a big blow to 2,000 people. However, the environment, too, needs to be protected – we’ve seen the damage caused by humans in the recent floods and landslides in Kerala itself.
Of course, it’s not just the residents’ fault in the Humans vs Environment battle. What about the Maradu Panchayat and Municipality which gave these permissions? What about the builders who simply decided to focus on profits instead of following the rules? What about the state government authorities who didn’t implement the laws properly? What about the banks that gave loan clearance for these flats?
Everyone needs to be pulled up.
Unfortunately though, the biggest losers in this long battle will be the 2,000 residents in these four apartment complexes.