HC orders demolition of Army Welfare Association’s towers

Kerala High Court orders demolition and reconstruction of Chander Kunj Army Towers due to serious structural issues.

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.