Kochi: A panel set up to grant interim relief to the eligible owners of the to-be-demolished flats at Maradu in Kerala's Ernakulam district has arrived at the quantum of payout. The interim compensation would be based on the price of the property as mentioned in the first sale deed.
The Supreme Court had ordered for the demolition of the four apartment complexes at Maradu after these were found to have been built by violating the Coastal Regulation Zone (CRZ) norms.
The Justice K Balakrishnan Nair-led committee, set up to decide the compensation as required by the SC, had recommended on Monday to give interim compensation to 14 flat owners. Four owners of flats at Golden Kayoloram, four from Alfa Serene, and six from the Jain Coral Cove are the 14 beneficiaries.
Based on the price of the building mentioned in the sale deed, a compensation amount from Rs 13 lakh to Rs 25 lakh can be given, the committee has instructed.
Of the 25 applications that were submitted to the Maradu municipality, 19 were forwarded to the committee after the documents were scrutinised. And 14 applications, which were found to be in order, have been sanctioned interim compensation.
The municipality has informed the panel that only a few applications have been received as most of the owners are abroad.
Though the affected flat owners had sought a compensation of Rs 51 lakh to Rs 2 crore, the committee recommended to give Rs 25 lakh, the maximum amount stipulated by the SC, or the price mentioned in the sale deed, whichever is less, as interim compensation.
The committee did not consider the applications that did not have the first sale deed enclosed with them.
But the panel has made it clear that the flat owners can later make more claims. The panel said this after the owners pointed out that they had given more money to the builders than that was mentioned in the sale deed.
The panel made it clear that if the first owner had sold the flat, then the price in that sale deed would be considered.
Former Kerala chief secretary Jose Cyriac and KSRA engineer R Murugeshan are also members of the committee.
Easing procedures
The panel has also decided to simplify the procedures for submitting the application seeking compensation. The condition on submitting an attested affidavit along with the claims' application has been relaxed.
The original documents on the money given by the flat owners to the builders should be submitted along with the application to the secretary of the Maradu Municipality before October 17. The committee also instructed the builders to submit an affidavit on the amount of money paid by the flat owners. The applications submitted till October 16 would be considered on October 17.
Plea to file case
The Crime Branch has sought the permission of the state government to register cases against the flat builders and the former officials of the erstwhile Maradu Panchayat , who had then given permission to construct the flats by violating the coastal regulation norms. (The Panchayat has since been upgraded to a Municipality.)
Four of the officials, who are in the dock, have retired from service. The case would be registered under the Prevention of Corruption (PC) Act, in addition to the IPC sections.
For filing the case as per the PC Act, prior permission of the government needs to be taken.
A petition, seeking probe against the Maradu Ppanchayat officials who gave the nod for constructing the flats by violating the norms, has been filed with the Muvattupuzha Vigilance court.
The petition pointed out that even the Supreme Court had remarked about the laxity on the part of the officials and sought action against those who gave the nod for construction by violating rules.
Meanwhile, J Paul Raj, director of Alpha Ventures Pvt Ltd – one of the builders, has filed an anticipatory bail plea in the Ernakulam principal sessions court. The court will consider his plea on Tuesday.
Builders' plea
The builders have appealed against levying money from them to give the compensation to flat owners. Flat builders Holy Faith Builders and Developers Ltd, and K P Varkey and Builders have submitted a petition in this regard to the Justice K Balakrishnan Nair committee.
As per the Supreme Court order, the compensation amount has to be levied from those who are responsible for the illegal constructions, including the builders, promoters, individuals and officials, who gave the permission.
The builders in their petitions claimed that the they had not violated any law and should not be made liable to pay the compensation.
