The New Indian Express 30.08.2010
SC directive on illegal construction at Fort
THIRUVANATHAPURAM: Giving another jolt to the government’s lackadaisical handling of heritage sites, the Supreme Court has directed City Corporation and the Local Self-Government Department to respond to the complaint of the petitioner against illegal construction at Fort.The SC has ordered in favour of a petition filed by the Thiruvananthapuram Citizen’s Protection Forum (TCPF) against the illegal construction in the city, which flouted norms of Town Planning Act, Heritage Act and the Kerala Municipality Act. Meanwhile, officials of the Town Planning Department of the Corporation has informed Expresso that they were unaware of the Supreme Court order.
The Sree Padmanabha Property Limited (SPPL) constructed a eight-storeyed flat at the Utsavamadom residential area in the northern side of the Sree Padmanabha Temple. The Town Planning Department had given sanction to construct only a three-storied building, which was later violated by the SPPL.
The Supreme Court has asked the Town Planning Department Secretary, Local Self-Government Secretary and Sree Padmanabha Property Limited managing director N V Murali to respond within 10 weeks after the issuance of the order. The Court has also directed Murali to abstain from occupying the property in the meantime.
The builders group continued with the construction even after the High Court stayed the works based on the petition of TCPF. The Division Bench too ordered in favour of the petitioner directing the authorities to issue ‘occupancy certificate’ only after considering the complaints of the Forum.
Though the Forum won court orders against illegal construction, the SPPL continued with the construction allegedly in connivance with the Corporation officials concerned. TCPF president and retired DySP M Krishnan Nair said that the Town Planning Department of the Corporation and the Local Self-Government Department had not acted against the illegal construction.
‘’As per the Supreme Court verdict, the Corporation Secretary, LSG Secretary and Murali should respond in 10 weeks. We are waiting for the Government to act,’’ he said.
Court orders in their favour have boosted the confidence of those fighting against illegal constructions in the city. ‘’This multi-storeyed flat is just one among the several illegal constructions in the heritage site. Government has not acted against such unauthorised constructions. TCPF took the issue to the court after local people raised protest. All the court orders have supported our stand,’’ Nair said.
Unaware of the SC order, the Town Planning Department, in the meantime, was waiting for an NOC from the Fire and Rescue Services Department for sanctioning partial occupancy certificate to SPPL. Executive engineer of the Town Planning Department Shivakumar said that he was unaware of the Supreme Court order, ‘’We are in the process to grant partial occupancy certificate to SPPL. We are waiting for an NOC from the Fire and Rescue Services Department to grant the certificate. This was based on the High Court order. As far as the Supreme Court order is concerned, I have no idea about that,’’ he said.
