HC restrains Lakshadweep admin from demolishing houses
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Two residents in Kavaratti had challenged the notices issued to them for constructing houses within the no-development zone
The Kerala High Court on Tuesday restrained the Lakshadweep Administration from taking coercive steps in opposition to two residents in Kavaratti island on the premise of notices directing them to demolish their houses which they’d allegedly constructed on the no-development zone.
Justice Raja Vijayaraghavan handed the order on a writ petition filed by Ubaidullakunhiyammakkada and one other individual from the Kavaratti island difficult the notices.
According to them, the Block Development Officer had issued them notices asking them to take away their houses on the bottom that the buildings have been inside 20 metres from the High Tide line which had been declared as a no-development zone.
When the petition got here up for listening to, the courtroom requested the petitioner to seem earlier than the authorities and reply to the notices. The courtroom made it clear that any coercive steps could possibly be taken in opposition to them solely with the permission of the courtroom.
The petitioners contended that as per the Integrated Island Management Plan notified by the Lakshadweep Science and Technology Department in 2015, no growth was permitted in a radius of 20 metres from the High Tideline.
However, the plan didn’t empower any authority to demolish the houses which was already constructed a long time in the past.
The notices had additionally stated that that the buildings have been constructed with out acquiring any diversion certificates as contemplated underneath part 20 (1) of the Laccadive Minicoy and Amini Islands Land Revenue And Tenancy Regulation, 1965.
The challenge of notices for violating the provisions of Laccadive Minicoy and Amini Islands Land Revenue And Tenancy Regulation, 1965 was not maintainable because the constructions have been accomplished previous to the graduation of the regulation.
Besides, the Block Development Officers had no authority to challenge the notices. In reality, solely the income officers might challenge such discover underneath the Regulation.
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