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

West Bengal News: The Kolkata High Court has ordered the demolition of a 26-story building in Kolkata’s New Town area. The court stated that this building was constructed without complying with necessary legal provisions, so 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 built without the permission of the original flat owners, which violates the West Bengal Apartment Ownership Act, 1972 and the West Bengal Premises Development Act, 1993. Additionally, this construction reduced the flat owners’ rights in the common area, which infringes upon the property rights granted under Article 300A of the Constitution.

Furthermore, the State Vigilance Commission will investigate the 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 built without the consent of the existing flat owners of 15 towers, there is no option but to demolish it. Moreover, the situation favors demolition, as the original acceptance plan from 2007 only permitted the 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 a revised plan while ignoring consent and ownership requirements under other laws, and this amounts to fraud because the promoter ‘suppressed important facts.’

23 floors and 1278 flats

Meanwhile, the promoter’s side requested an adjournment from the court, but the court refused to consider their petition. In 2007, Capel Magnus Private Limited announced a housing complex with about 15 towers, each with approximately 23 floors and a total of 1,278 flats. In 2014, the project was sold to Alita Garden Vista Projects. A year later, the new developer received a revised approval scheme for the 16th tower, which reduced the share of the common area.

What the court said 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 the 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 the New Town Kolkata Development Authority.

Kolkata High Court

The Kolkata High Court is one of India’s oldest high courts, established in 1862 during the British colonial era. It is housed in a grand Gothic-style building, which was modeled after the Cloth Hall in Ypres, Belgium. As the highest court of justice in the state of West Bengal, it holds significant historical and judicial importance.

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 local residential community, private organization, or a name that is misspelled or highly specific. Without more context, I cannot provide an accurate summary.

West Bengal Apartment Ownership Act, 1972

The West Bengal Apartment Ownership Act, 1972 is a state-level legal framework in India that governs the ownership and management of individual apartments within a building. It was enacted to define the rights, obligations, and interests of apartment owners, establishing a system for the formal registration of property deeds for individual units. The Act provides the legal foundation for condominium-style living and the formation of owners’ associations to manage common areas and facilities.

West Bengal Premises Development Act, 1993

The West Bengal Premises Development Act, 1993 is not a place or cultural site, but a piece of state legislation. It was enacted to regulate the construction, development, and management of buildings and premises in West Bengal, India. Its history is rooted in the state’s efforts to manage urban growth and ensure orderly real estate development.

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 has since grown into a major IT and residential hub, characterized by its contemporary infrastructure and wide roads.

Capel Magnus Private Limited

I am unable to provide a summary for “Capel Magnus Private Limited” as it appears to be a private business or corporate entity, not a public cultural site or place of historical significance. For a summary of a cultural or historical landmark, please provide the name of a specific museum, monument, or heritage site.

Alita Garden Vista Projects

I am unable to provide a summary for “Alita Garden Vista Projects” as it does not appear to be a recognized public cultural site, historical landmark, or widely known place. It is likely a name for a private residential development, commercial property, or local project that does not have significant documented public history.

State Vigilance Commission

The State Vigilance Commission is an anti-corruption governmental body found in several Indian states, such as Kerala and Odisha. It was established to investigate and prevent corruption within the state’s public administration and to ensure integrity in government services. Its history is tied to the broader national movement for greater transparency and accountability in public office.