Why did the High Court order the demolition of a 26-story tower with 233 apartments and parking for 269 cars?
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 necessary legal provisions, and 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 built without the permission of the existing 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’ share 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 because the original acceptance plan of 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, a request for adjournment was made on behalf of the promoters, but the court declined to consider their petition. In 2007, Capel Magnus Private Limited announced a housing complex with about 15 towers, each having 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 Revival building, whose design was inspired by the Cloth Hall in Ypres, Belgium. As the first high court in the country, it holds a significant place in the history of the Indian judiciary.
Alita Garden Vista Society
I am not familiar with a cultural or historical site specifically known as the “Alita Garden Vista Society.” This name does not correspond to any widely recognized landmark, public garden, or historical society in major databases. It is possible this refers to a local community organization, a private estate, or a name with a different spelling.
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 piece of legislation enacted to govern the ownership and management of individual apartments within a building. The Act provides the legal framework for establishing clear titles for apartment owners and defines their respective rights and responsibilities.
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 in India. It was enacted to regulate the construction, development, and management of premises in West Bengal. The Act’s history is rooted in establishing legal procedures for building activities and addressing landlord-tenant relations within the state.
Article 300A of the Constitution
Article 300A is a provision in the Constitution of India, not a physical place or cultural site. It was inserted through the 44th Amendment Act in 1978 and establishes the right to property as a constitutional right, rather than a fundamental right. It states that “no person shall be deprived of his property save by authority of law,” meaning the government can acquire private property only through a legally established process.
State Vigilance Commission
The State Vigilance Commission is an independent government agency established to combat corruption and maladministration within a state’s public sector. Its history is rooted in the need for an external watchdog to ensure integrity, transparency, and accountability in government departments. The commission typically investigates complaints, conducts audits, and works to prevent corruption through vigilance and enforcement.
New Town Kolkata Development Authority (NKDA)
The New Town Kolkata Development Authority (NKDA) is a modern planned township and a key urban development project on the northeastern fringes of Kolkata, India. Established in the early 2000s, it was developed to decongest the city’s core and act as a new hub for IT, business, and residential complexes. Its history is part of a larger initiative to transform the former salt marshes and wetlands of the area into a sustainable smart city.
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 company name, not a public cultural site, historical landmark, or place of general interest. For information on specific companies, it is best to consult their official website or business directories.
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