J U D G M E N T

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Dated this the 13th day of January, 2021 The petitioner, a resident of ‘Ashoka’ Flats facing backwaters of Vembanadu Lake, is aggrieved by the proposed construction of a 18 meter high building over the boat jetty terminal near Marine Drive, Ernakulam.

2. As part of the Kochi Water Metro Project, the 5th respondent-Kochi Metro Rail Limited submitted a proposal to construct a boat terminal near the High Court, adjacent to the flat where the petitioner is residing. The petitioner submits that the area is covered by CRZ Regulations. The 5th respondent has submitted Ext.P1 plan and the State of Kerala exempted construction of the boat terminal from the provisions contained in the Kerala Municipality Building Rules, 1999 as per Ext.P2.

3. The 5th respondent approached the Kerala Coastal Zone Management Authority for permission for construction of 41 boat jetty terminals for implementing Kochi Water Metro Project. The Coastal Zone Management Authority accorded permission for construction of boat terminals, as per Ext.P4. In Ext.P4, the Coastal Zone Management Authority has imposed a specific condition that the height of the proposed construction shall not exceed 9 m.

4. The State Wetland Authority also granted permission to the petitioner as per Ext.P5 observing that except boat jetty, no other building having permanent nature within 50 m. from the boundary of wetland is a permissible activity. The said condition was imposed in accordance with Rule 4 of the Wetlands (Conservation and Management) Rules, 2017. The petitioner therefore contended that the 5th respondent has no authority or power to construct any structure other than boat jetty within 50 m. from the mean high flood level.

5. The petitioner states that the 5th respondent thereafter moved the Union of India for approval and approval was granted with a specific condition that the restrictions and conditions imposed by the statutory authorities shall be strictly complied with. The 5th respondent has entrusted the construction work with the 6th respondent-builder. The 5th respondent is now proposing to construct a building of a height of 18 m. over the boat jetty which is highly illegal. Construction of such a high-rise building will deprive the petitioner and other residents of 'Ashoka' flats of free air and light since the building which is coming over the boat jetty terminal is very close to the 'Ashoka' flats. The petitioner would further allege that the 6th respondent has illegally reclaimed nearly 3000 square feet of backwaters to commence the alleged construction, violating rules. The 5th respondent is therefore compellable not to construct the building of permanent nature over the boat jetty terminal to a height of 18 m.

6. The 5th respondent resisted the writ petition filing counter affidavit. The 5th respondent stated that all the requisite clearances/no objection have been obtained by the 5th respondent from Kochi Municipal Corporation, Kerala State Wetland Authority and Kerala Coastal Zone Management Authority. The Ministry of Environment, Forest and Climate Change has also given its final clearance to the Kochi Water Metro Project.

7. The 5th respondent stated that the proposed Water Metro Terminal falls within CRZ IV Category, where ports, harbour, jetties, warves, quays, slipways, bridges, sea links and hover ports for coast guard, are permitted. The Kerala Municipal Building Rules, 2019 (KMBR, 2019) define the height of structures and gabled roof buildings. Roof structures are not included in the height of building as per the KMBR, 1999. The height of the building for High Court terminal is 8.80 m. The petitioner has projected the height as 18 m. with ulterior motive. The 5th respondent is not constructing six floors as alleged by the petitioner. Only two floor boat jetty is proposed. The proposed building is planned at a distance of approximately 23 m. from the existing lines of the petitioner's residence. The petitioner therefore c