Corroding steel bars have resulted in chunks of concrete and tiles giving away from the pillars, beams, stairs and other areas, from almost all floors of the three towers of Chander Kunj Towers of the Army Welfare Housing Organisation at Silversand Island at Vyttila, Kochi.
| Photo Credit: H VIBHU
The Kerala High Court on Monday ordered the demolition and reconstruction of Tower B and C of Chander Kunj Army Towers on Silversand Island, Vytilla, developed by the Army Welfare Housing Organisation (AWHO), which had faced serious structural problems.
Justice Mohammed Nias C.P. issued the order “to prevent casualties and protect lives and properties”. The order came on a batch of writ petitions filed by the association of the owners of the two towers as well as some of the owners.
They had challenged an order of the District Collector directing retrofitting and seeking reconstruction as well as compensation. The Collector on March 29, 2024 had also issued an order under the Disaster Management Act, 2005 for immediate evacuation.
The apartments had been built solely for serving and retired defence personnel and their dependents.
The court observed that ”the distress to the towers is undeniably human-induced, causing significant loss and suffering due to cumulative violations of regulatory, structural, and environmental standards. Continued occupation poses grave risks, necessitating immediate evacuation to ensure community safety. Considering the expert reports, the Kerala Municipalities Act 1994, the Kerala Municipality Building Rules 1999, and the Disaster Management Act 2005, and the order passed by the District Collector, Ernakulam, there is no alternative but to direct AWHO to demolish and reconstruct the towers.”
The court directed the District Collector to constitute a committee comprising experts, including an experienced structural engineer, two owners from the residents association, an experienced engineer from the municipality concerned, an experienced officer from the Town Planning Department, and such other personnel necessary for a proper implementation of the demolition and reconstruction of the towers with equal size and facilities.
The court ordered that the committee should meet within two weeks and decide the modalities for evacuation of the allottees, demolition, and reconstruction of the towers in question.
The court said the committee would have the power to make the appropriate choice of technology, including architectural and structural designs and a project impact assessment, for the demolition and reconstruction and to ensure that it did not affect the communities in the affected areas or the neighbourhood.
As soon as the authorities concerned in the State received applications regarding demolition or reconstruction, subject to meeting all the parameters, permission will be accorded without any unnecessary delay by treating this as a special case.
The court made it clear that the AWHO could also seek permission to construct additional floors/additional areas on the same site where the towers were situated, subject to the provisions of the relevant building rules, to enable them to offset the expenses incurred in the demolition and reconstruction.
The committee would also decide on the extra amount that could be collected from the owners before handing over the newly constructed building.
The court directed AWHO to pay the owners of Tower B and C, who were residing on March 29, 2024 ₹21,000 and ₹23,000 respectively per month towards the expenses for alternative accommodation until reconstruction.
The committee would also be empowered to make such complaints against those responsible for creating a situation that led to the demolition of the towers in question.
AWHO contended that it had initiated arbitration against the project director, architect, and contractor to recover losses, making it unnecessary for this court to investigate responsibility for the situation further.
Published – February 03, 2025 09:36 pm IST