Demolish, reconstruct Army Towers in Vyttila: Kerala HC

The court issued the order on a batch of petitions filed by the owners and the association of the owners of the apartments.
The Army Welfare Housing Organisation’s Chander Kunj Army Towers in Kochi
The Army Welfare Housing Organisation’s Chander Kunj Army Towers in Kochi Photo| A Sanesh
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KOCHI: The Kerala High Court on Monday ordered the demolition and reconstruction of two 26-storied towers of the Army Welfare Housing Organisation’s (AWHO) Chander Kunj Army Towers in Kochi as they endangered lives and properties. Due to poor quality of construction, continued occupation of towers B and C of the apartment complex on Silver Sand Island at Vyttila poses grave risks, necessitating immediate evacuation to ensure community safety, the court observed.

Justice Mohammed Nias C P 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. Considering 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 HC said.

The court issued the order on a batch of petitions filed by the owners and the association of the owners of the apartments. The petitioners informed the court that the Silver Sand Island project of the AWHO consists of three towers (Tower A of 14 stories and Towers B and C of 26 stories each with stilt and basement), consisting of a total of 264 dwelling units with other essential services (club house, swimming pool, sewage treatment plant etc). The work on the project, spreading over 4.28 acres, had commenced in April 2013 and completed in July 2018.

In 2019, the residents raised concerns regarding seepage and water leakage, in some areas of towers B and C. A study report of IIT Madras directed immediate evacuation of all residents from the two towers. A later evaluation by the IIT highlighted that continued occupancy poses serious risks to residents because of significant corrosion levels. Evacuating residents from towers B and C was recommended due to urgent safety concerns.

The court noted that various studies found that the buildings in residential towers B and C are in severe distress. Although the buildings appear to be structurally stable, the amount and nature of distress caused due to corrosion and severe cracking make it highly risky for safe occupation, the court said.

Committee to oversee razing, reconstruction of towers

In the order, the court directed  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 other personnel necessary for proper implementation of the demolition and reconstruction of the towers with equal size and facilities.

The committee should meet within two weeks and decide the modalities for the evacuation of the allottees, for demolition and reconstruction of the towers.

The committee has 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 does not affect the communities in the affected areas or the neighbourhood. This includes setting clear timelines for evacuation, demolition, and reconstruction to avoid unnecessary delays.

The committee shall also decide on the extra amount that can 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 Rs 21,000 and Rs 23,000 respectively per month towards the expenses for alternate accommodation until reconstruction.

“It has been a long and arduous journey of hope and desperation. Finally, there’s some positive outcome. Hope we’ll be able to take it to it’s logical end,” said Col Ciby George, the civil engineer who fought the legal battle against AWHO officials for the poor quality of construction.

Grave risk’

  • The HC observed that due to poor quality of construction, continued occupation of towers B and C of the apartment complex poses grave risks, necessitating evacuation to ensure community safety

  • The court directed  to constitute a committee comprising experts for proper implementation of the demolition and reconstruction

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