Kerala High Court today permitted demolition of portion of a building in Thiruvananthapuram, owned by Biju Ramesh, Kerala Bar Hotel Owners Working President in Thiruvananthapuram, which is standing on the superjacent area of a public canal.
Allowing the appeal filed by the state, a Division Bench comprising Chief Justice Ashok Bhushan and Justice A M Shaffique said the action taken by the Thiruvananthapuram district administration to demolish parts of the structure, standing on the superjacent area of a public canal, was in accordance with law.
The Court set aside the judgement of single judge directing to take recourse to Land Acquisition Act and Land Conservation Act.
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Earlier, the District Managament Authority, exercising the powers under Disaster Management Act, directed partial demolition of the construction to carry out renovation and repair work of the canal.
The High Court said the Authority is not asking the petitioner to demolish the entire building or they intend to take possession of the structure.
The court has directed to demolish parts of the building while ensuring that there was only minimum damage to the building standing.
