Kerala High Court Orders Demolition, Reconstruction Of Housing Towers Built For Personnel In Armed Forces Citing Structural Issues

The Kerala High Court has ordered the Army Welfare Housing Organisation (AWHO) for the demolition and reconstruction of Chander Kunj Army Towers (Towers B and C).AWHO, a society focused on providing affordable housing to serving and retired Army personnel, as well as widows of Army members, developed the SSI (Silver Sand Island) project, also called Chander Kunj Army Towers. The project consists of three towers (A, B, and C) with a total of 264 dwelling units.Justice Mohammed Nias C.P. further directed the District Collector to constitute a committee with experts for a proper implementation of the demolition and reconstruction of the towers with equal size and facilities.“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 passed the above order in writ petitions filed by owners and association of apartments at SSI in Vytilla against the AWHO. The project was completed in 2018. The residents alleged issues of seepage, water leakage, structural stability. An expert study, including from that of IIT Madras highlighted issues with the structural integrity of Towers B and C of Chander Kunj Army Towers, mainly due to corrosion from high chloride content in the concrete, affecting building safety. The Petitioners filed FIR's, complaint before Tripunithura Municipality and before the District Collector-Disaster Management Authority. The Court further appointed IISc, Bengaluru to conduct structural audit which also pointed out structural defects, corrosion, severe cracking etc. It recommended demolishing Towers B and C and retrofitting Tower A. The Petitioners argued that AWHO is solely responsible for this situation, and submitted that they have spent their hard-earned money on purchasing the flat. It was argued that AWHO must pull down the building and reconstruct them. It was also pointed out that strict action must be taken against the Municipality and authorities for granting permit and for improper constructions. It was also stated that right to residence is a fundamental right and AWHO is duty bound to reconstruct it and grant them compensation. On the other hand, AWHO argued that writ petition is not maintainable, since they are not a State under Article 12. It was stated that they are discharging any public duty and this a contractual matter. The Court stated that Delhi High Court in Saroj Devi v. Union of India and others (2008) observed that providing housing to serving or retired Army personnel and widows of Army personnel at concessional rates by AWHO is a public function, and they would come under the purview of Article 226. The Court also noted that serious statutory violations are alleged against AWHO. The Court stated that it is unfortunate that army personnel, who are ready to sacrifice their lives for the nation had to suffer this injustice. It stated that all state functionaries, including military officers have the duty to ensure safety for army personnel and to treat them with dignity and honour. Court added, “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 further directed for the constitution of a committee of experts including a structural engineer, two owners from the Residents Association, an engineer from the Municipality, a Town Planning officer, and other relevant personnel to oversee the demolition and reconstruction. It directed that the Committee must see that demolition activities do not affect the neighbourhood communities. It also directed that the Expert Committee must speed up the reconstruction process by bringing consensus amongst all the stakeholders. The Court has also ordered AWHO to pay expenses for alternate accommodation due to demolition. “ The AWHO will pay the owners of Tower B and C, who were residing as of 29.03.2024, Rs.21,000/—and Rs. 23,000/—respectively per month towards the expenses for alternate accommodation until reconstruction.”The Court further stated that the Expert Committee can also make complaints against persons who are responsible for the distress and improper construction of the Towers, which led to its demolition. As such, the writ petition was allowed.Case Title: Ciby George v District Collector & Connected CasesCase No: W.P(C) Nos.40178 of 2023 & Connected Cases...

Kerala High Court Orders Demolition, Reconstruction Of Housing Towers Built For Personnel In Armed Forces Citing Structural Issues

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