233 apartments, parking space for 269 cars... Why did the High Court order demolition of 26-story tower?

West Bengal News: The Kolkata High Court has ordered the demolition of a 26-story building constructed in Kolkata’s New Town area. The court stated that this building was constructed without complying with essential legal provisions, therefore it must be demolished within two months. This tower is part of the Alita Garden Vista Society, which includes 233 flats, a commercial plaza, and parking space for 269 cars.

Last Friday, the bench stated that the society’s 16th tower was constructed without the permission of existing flat owners, which violates the West Bengal Apartment Ownership Act, 1972 and the West Bengal Premises Development Act 1993. Additionally, this construction reduced flat owners’ rights in the common area, which violates the property rights granted under Article 300A of the Constitution.

Furthermore, the State Vigilance Commission will investigate the promoter, engineers who signed the revised clearance plan, officers of the New Town Kolkata Development Authority (NKDA), and others involved in the project approval process under departmental and criminal laws.

‘Promoter suppressed important facts’

The court stated in its order, ‘When an additional structure is constructed without the consent of existing flat owners of 15 towers, there is no option but to demolish it. Moreover, the situation favors demolishing the tower because the original acceptance plan of 2007 only permitted construction of 15 towers, based on which the affected flat owners/appellants purchased their flats.’ The court further stated in its decision that the New Town Kolkata Development Authority cannot approve the revised plan while ignoring consent and ownership requirements under other laws, and this amounts to fraud as the promoter ‘suppressed important facts.’

23 floors and 1278 flats

Meanwhile, the court rejected a request for adjournment made on behalf of the promoters. In 2007, Keppel Magus Private Limited announced a housing complex with approximately 15 towers, each having about 23 floors and totaling 1,278 flats. In 2014, this project was sold to Alita Garden Vista Projects. While a year later, the new developer received a revised approval scheme for the 16th tower, which reduced the shared area portion.

What the court stated in its order-

-Buyers of apartments and shops in the commercial plaza of Alita Garden Vista’s 16th tower will receive their money back with 7% annual interest.
-Action will be initiated against the promoter and officers who approved the building plan.
-Flat buyers and residents will be given one month to remove their belongings.
-The tower will be demolished within two months at the promoter’s expense by the promoter and New Town Kolkata Development Authority.

Kolkata High Court

The Kolkata High Court is one of India’s three oldest High Courts, established in 1862 during the British colonial era. It holds the distinction of being the first High Court in India and is housed in a grand Gothic-style building completed in 1872, reflecting the architectural style of the period.

Alita Garden Vista Society

I am unable to find any verifiable historical or cultural information on a place called “Alita Garden Vista Society.” It is possible this refers to a private residential community, a local organization, or a fictional location. Without more specific context, I cannot provide a meaningful summary.

West Bengal Apartment Ownership Act, 1972

The West Bengal Apartment Ownership Act, 1972 is a legal statute, not a physical place or cultural site. It is a landmark piece of legislation that formally established the concept of individual apartment ownership within a multi-story building. The Act created a legal framework for dividing property into individually owned units with shared common areas, which was crucial for the development of cooperative housing societies and condominiums in the state.

West Bengal Premises Development Act 1993

The West Bengal Premises Development Act of 1993 is not a place or cultural site, but a piece of state legislation in India. This act was established to regulate and promote the orderly development and construction of premises within the state of West Bengal. Its history is rooted in the need for a legal framework to manage urban development, construction activities, and property-related matters in the region.

Article 300A of the Constitution

Article 300A is not a physical place or cultural site, but a constitutional provision in the Constitution of India. It was inserted by the 44th Amendment Act in 1978 and establishes the fundamental right to property. The article states that “No person shall be deprived of his property save by authority of law,” meaning the government cannot take away someone’s property without a valid legal process.

State Vigilance Commission

The State Vigilance Commission is an anti-corruption government agency in India, established to investigate and prevent corruption within the state’s public administration. It was created under the Lokayukta Act to ensure integrity and transparency in government operations. The commission holds the authority to inquire into allegations of corruption against public servants and recommend legal action.

New Town Kolkata Development Authority (NKDA)

The New Town Kolkata Development Authority (NKDA) is a modern planned township established in the early 2000s on the northeastern fringes of Kolkata, India. It was developed to decongest the city’s central business district and provide a sustainable urban environment with modern infrastructure. As a key part of the city’s expansion, it represents Kolkata’s growth into a major IT and residential hub in the 21st century.

Keppel Magus Private Limited

I am unable to provide a summary for “Keppel Magus Private Limited” as it appears to be a contemporary corporate entity, not a historical place or cultural site. It is a private company, and detailed historical information about such businesses is not typically part of public cultural or historical records.