KOCHI: Coming down heavily on the Munnar grama panchayat for the illegal construction at Moolakkada near Muthirappuzha river ignoring its order, the High Court on Friday asked the state what action has it taken against the panchayat authorities.
The court also asked the panchayat whether there was any approval for the construction. The action of the panchayat shows scant regard to the High Court order, it observed.Justice Anil K Narendran made the observation on the petition filed by Munnar grama Panchayat challenging the stop memo issued the by the Munnar village officer and seeking a directive to issued NOC considering the application of the panchayat before the Revenue Divisional Officer.
On January 21, 2010, the High Court had held that an NOC (No Objection Certificate) should be obtained from the Revenue Department for any construction in eight villages under the Munnar Special Tribunal. If the panchayat is defying the court's order, who will obey the law laid down by the court, asked HC while considering the petition.
Special Government Pleader M H Hanil Kumar submitted there was no irregularity in the stop memo issued by the village officer. No construction is allowed within 50 yards of river bank.The land is situated within 50 yards and the building under construction was at a distance of less than 10 yards from the river bank, in violation of the Supreme Court order. As per the state government's decision, construction activities in areas affected by floods will be permitted only after a thorough scientific study.
The construction by the panchayat was clearly without any legal sanction and may also affect the ecology of the area, that state government said.It has been prima facie found that part of the construction was done on encroached river puramboke land of Muthirappuzha river, submitted the state government.