Kerala HC orders demolition of two towers of Army Welfare Housing Organisation apartments in Kochi

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Kochi, Feb 3 (PTI) – The Kerala High Court has directed the demolition and reconstruction of Towers B and C in the Silver Sand Island (SSI) Kochi project, developed by the Army Welfare Housing Organisation (AWHO) in Vyttila, citing severe structural instability.

Justice Mohammed Nias C P, in his ruling on Monday, underscored the grave risks posed to occupants, stating that continued habitation in the affected towers could lead to potential casualties. The court observed that the structural distress was a result of multiple regulatory, structural, and environmental violations, making demolition and reconstruction the only viable solution to ensure the safety of residents.

Court Cites Expert Reports, Orders Evacuation

Taking into account expert evaluations and relevant laws, including the Kerala Municipalities Act, 1994, the Kerala Municipality Building Rules, 1999, and the Disaster Management Act, 2005, the court ruled that AWHO must take immediate steps to demolish and rebuild the towers. It also instructed the Ernakulam District Collector to form a committee to oversee the demolition and reconstruction process.

The committee, to be established within two weeks, will include an experienced structural engineer, two representatives from the Residents Association, a municipal engineer, and other necessary personnel. Their responsibilities include deciding on evacuation modalities, selecting appropriate demolition and reconstruction technology, and ensuring minimal impact on surrounding communities. The court emphasized that a clear timeline for evacuation, demolition, and rebuilding must be established.

Additionally, AWHO has been ordered to provide financial assistance to affected residents, with Rs 21,000 and Rs 23,000 per month allocated for temporary accommodation until the reconstruction is completed.

Residents' Complaints and Legal Battle

The case was brought before the court by Ciby George, a retired army officer and resident of the apartment complex, who highlighted severe structural deterioration within a year of occupancy. Residents reported incidents of concrete spalling and falling building parts, raising alarms over safety.

Following an order by the Ernakulam District Collector on March 29, 2024, mandating immediate evacuation and retrofitting of the towers, the residents approached the High Court demanding full reconstruction instead.

Background of the SSI Kochi Project

The Silver Sand Island (SSI) Kochi project, also known as Chander Kunj Army Towers, was developed by AWHO to provide quality housing for Armed Forces personnel. Spread over 4.28 acres, the project comprises three towers: Tower A (14 stories) and Towers B and C (26 stories each, including a stilt and basement level). It houses 264 dwelling units, along with amenities such as a clubhouse, swimming pool, and sewage treatment plant.

Construction began in April 2013 and was completed by July 2018, with most units handed over by the end of that year. However, the safety concerns surrounding Towers B and C have now led to legal intervention, ensuring that the well-being of the residents remains a priority.

AWHO, established in 1978, operates under the Societies Registration Act, 1860, and is dedicated to providing affordable housing for serving and retired defence personnel, war widows, and martyrs' families. The organization's projects are overseen by defence officials, with administrative costs covered through member contributions.

With the court’s directive, the next steps will focus on implementing a structured and safe process for evacuation, demolition, and reconstruction, ensuring that the affected residents are adequately supported throughout the transition.
 
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