Kerala High Court orders demolition, reconstruction of apartment towers built for defence personnel

The Kerala High Court on Monday ordered the demolition and reconstruction of two towers of Chander Kunj Army Towers, a gated community in Silversand Island, Vytilla developed by the Army Welfare Housing Organization (AWHO), under the Army Head Quarters [Ciby George v. District Collector & Ors.]..Justice Mohammed Nias CP held that in view of the danger posed to residents due to structural issues, there was no option but to order the demolition and reconstruction of towers B and C."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, there is no alternative but to direct AWHO to demolish and reconstruct Towers B and C to prevent casualties and protect lives and properties," the Court said.The Court directed the Ernakulam District Collector to constitute a committee comprising experts on structural issues, two owners, and other stakeholders. The Committee has been directed to meet within two weeks and decide on how the evacuation of residents will be carried out. The Committee will also be empowered to make architectural decisions for future construction considering environmental impact and impact on the surrounding communities and to set timelines for evacuation, demolition and reconstruction. .The AWHO was also directed to pay the residents of towers B and C ₹21,000 and ₹23,000 respectively per month towards rent and other expenses..The Court in its judgment also emphasised that the State and all its functionaries have a duty to provide all defence personnel the highest standards of safety. "People sign up to join the armed forces with considerable enthusiasm and a sense of patriotic duty. This entails a conscious decision to put their lives on the line and be prepared for the ultimate sacrifice of their lives and therefore it is indispensable that all state functionaries, including military officers, uphold the highest standards of safety and well-being—physically and mentally—for personnel and to treat every member of the armed forces with dignity and honour at all times. This duty not only ensures the morale of the forces but also reinforces their commitment by showing that their lives matter. Any lapse in these standards can erode confidence, undermine morale, and create feelings of injustice among service members", the Court said. .The distress to the towers is undeniably human-induced, causing significant loss and suffering due to cumulative violations of regulatory, structural, and environmental standards.Kerala High Court.The apartments were built solely for serving and retired defence personnel and their dependents. The land measuring 4.25 acre for this project was purchased in 1991. However, the project commenced only in 2014. The society has 264 apartments in three towers.Though the project was incomplete, occupation was allowed in 2018.According to the petitioners who are the owners and the association of the owners, two of the three towers, towers B and C, comprising 208 flats each started to show signs of extreme distress in the first year itself.Spalling of concrete and falling of building parts have become a regular affair, the petitioners alleged. The petitioners further alleged that there were multiple instances of fraud right from the stage of obtaining the building permit till the issuance of the occupancy certificate.In March last year, the Ernakulam district collector ordered retrofitting of the Army Towers after evacuating all residents of the two towers under the supervision of the AWHO. This prompted the petitioners to move the High Court challenging the order of the district collector and seeking directions to reconstruct the towers instead. They also sought compensation from the AWHO and alternative solutions for the issue..The Court initially directed the Indian Institute of Science (IIS), Bangalore, to conduct a structural audit and file a report on the same.The report clearly mentioned that no retrofitting would be possible with respect to Towers B and C. The report of the IIS was accepted by the AWHO. The AWHO proposed a plan to refund the cost of construction to the affected flat owners. The plan proposed to pay them between ₹60 and ₹70 lakhs. However, the flat owners refused to accept the proposed terms. .Observing that the issues were man made, the Court today ordered demolition and reconstruction and directed the Committee to be appointed by the district collector to make its decisions based on the suggestions of IISC Bangalore as well. .[Read Judgment]