Maradu flats: Plea in Supreme Court to ensure no collateral damage is caused during demolition

A fresh petition has been filed with regard to the demolition of flats at Maradu in Kerala. The petitioner who resides adjacent to one of the flats apprehends collateral damage in case the demolition is carried out without due assessment..In compliance with the orders of the Supreme Court, the State of Kerala has directed certain residential structures built at Maradu in violation of CRZ regulations to be demolished..The petitioner has submitted that the State authorities have ordered implosions and explosions for carrying out the demolition without any proper planning and assessment leading to cause collateral damage..“The family of the Petitioner is presently affected and aggrieved by the orders passed by the Respondent State Government to bring down the apartment complex using implosion or explosion for the purpose of demolition without looking into collateral damages.”.It is alleged that the action of the State is a “kneejerk reaction” to the Supreme Court’s orders which it had not complied with for four months. It is being carried out now without proper planning or mapping of the surrounding areas or assessment of the collateral damage as the State “woke up from the slumber due to noncompliance for the last 4 months.” This could put the life and property of the petitioner in danger, the petitioner claims..“The Petitioner fear that their life and property is in danger as the respondent is planning to carry out an implosion/explosion in the adjacent apartment complex as there is a specific and perceptible harm to him. [sic]”.Listing out the problems with the demolition plan, the petitioner says that not only has the State failed to give any proper eviction order, but no alternative resettlement plan for the petitioner and his family has been chalked out as the State has only taken those residents into account who live in the building set to be torn down. Further, the petitioner submits that the roads leading to the building are narrow. Should an untoward incident occur during such demolition, even emergency fire workers will find it impossible to reach the spot for rescue and evacuation..Going into the specifics of the process and the planning that ought to take place prior to the demolition activity, the petitioner says that the same has not been undertaken by the State..“a computer –stimulated model explosion ought to be carried out before actual demolition to ascertain how far the debris will fall and understand the impact of dust clouds. The explosion may be controlled, programmed and timed so that the building undergoes a progressive collapse. The Petitioner submits that the State departments have not chalked out as published a contingency plan for demolition and the petitioners and his neighbourhood is kept in dark.”.The relief sought, therefore, is to direct the State to ensure that no damage is caused to the neighbourhood or the fragile ecosystem. An Environmental Impact Assessment may be carried out by the State ahead of the demolition and the builders who are in violation of the rules may be directed by the Court to pay compensation for environment relief fund as well as for restoration of the environmental degradation caused, the petitioner prays..Earlier this month, the Supreme Court had set the deadline on September 20 for the purpose of complying with the order of demolition of the Maradu flats.