V.U.SIDHIQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the petitioners stand accused in Crime No.4/2015 of VACB Unit, Ernakulam for offences punishable under section 13 (1)(d), 13(2) of Prevention of Corruption Act .

(2.) A complaint was laid by a private individual in 2015, before the enquiry commissioner and the Special Judge(Vigilance Court), Thrissur alleging that in Maradu Panchayath, which is situated in the outskirts of Kochi city, several multi storied buildings were constructed by several builders and private parties in violation of the Coastal Regulations Zone Notification(CRZ) and the Kerala Municipality Building Rules(KMBR). It was alleged that these were done by the above persons with the active support of the officers of the Maradu Panchayat for valuable consideration. It was referred for the preliminary investigation. Thereafter, crime was registered and investigation is progressing. Petitioners, who are arrayed as accused Nos 26 and 27, contending that they are absolutely innocent of the crime, that they have not violated provisions of any Act, Rules, Notification and that they have constructed a multi storied building in Maradu Panchayath in accordance with the prevailing law and further that, they have not entered into any conspiracy with other accused , seek pre arrest bail.

(3.) According to the petitioners, they are the directors of a company engaged in the construction of houses and buildings. On 19/1/1995, one M/s.Bhageeratha builders Ltd. entered into an agreement with the owners of land in Maradu Panchayat, for the purpose of constructing a multi storied apartment complex with 16 floors. Building was constructed partly. In 2006, company of which the petitioners were directors purchased the partly constructed building from the said builders. Construction was completed in the year 2007 and was sold to various persons during the period from 2007 to 2012. The building was assigned permanent building number during the said period. In 2007, there were complaints against the several builders for alleged violation of the KMBR. Annexure 3 show cause notice dated 4/7/2007 was issued by Maradu Panchayat to the petitioners. Though in the notice, there were few allegations of violation of the KMBR, there was absolutely no allegation of violation of CRZ notification. The above notice was challenged in WP(C) No.23293/2007. This Court quashed the above notice. This was challenged by the Panchayath in Writ.Appeals which were dismissed. Against that, Civil Appeal Nos. 4784/2019 and 4785/2019 were preferred before the Hon'ble Supreme Court. Several other matters of identical nature were heard together with the above civil appeal by the Honble Supreme Court and by its judgment, the apex court held that such buildings were constructed in breach of CRZ notification and directed that all the buildings involved be demolished along with the present building of the petitioners. There was a direction to the builders to pay Rs.25 Lakhs each to each of the flat owner. A high level committee was constituted to supervise the payment of compensation to the flat owners and for deciding allied issues.