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

West Bengal News: The Calcutta High Court has ordered the demolition of a 26-story building constructed in Kolkata’s New Town area. The court stated that the building was constructed without complying with necessary legal provisions and therefore 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, a bench said 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. Furthermore, this construction reduced the flat owners’ share in the common area, which infringes upon the right to property granted under Article 300A of the Constitution.

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

‘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 the 15 towers, there is no option but to demolish it. Furthermore, the situation favors demolition because 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 is tantamount to fraud because the promoter ‘suppressed important facts.’

23 floors and 1278 flats

Meanwhile, a lawyer representing the promoters requested an adjournment from the court, 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 totaling 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 a refund of their money with 7 percent 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’s permission to remove their belongings.
-The tower will be demolished at the promoter’s expense within two months by the promoter and the New Town Kolkata Development Authority.

Calcutta High Court

The Calcutta High Court is India’s oldest High Court, established in 1862 during the British Raj. Its magnificent Gothic revival building, completed in 1872, was modeled on the Cloth Hall in Ypres, Belgium. The court has a rich judicial history and has been a pivotal institution in the development of Indian law.

Kolkata’s New Town area

Kolkata’s New Town is a modern planned satellite township developed in the early 2000s to ease congestion in the historic city center. It was built on former wetlands and salt lakes, with its central feature being the large Eco Park built around a restored water body. The area now serves as a major IT and residential hub, representing Kolkata’s contemporary urban expansion.

Alita Garden Vista Society

I am unable to find any verifiable historical or cultural information about 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, it is not possible to provide a meaningful summary.

West Bengal Apartment Ownership Act, 1972

The West Bengal Apartment Ownership Act of 1972 is a key piece of Indian legislation that provides the legal framework for individual ownership of apartments within a building. It establishes the concept of “condominium ownership,” separating the title to an individual unit from the shared ownership of common areas and the land. This Act was instrumental in facilitating the growth of multi-story residential complexes in West Bengal by clearly defining the rights and responsibilities of apartment owners.

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 legislation enacted by the Indian state of West Bengal. Its primary purpose is to regulate the development and construction of premises, including buildings and lands, to ensure orderly urban growth and safety. The Act establishes rules for obtaining construction permits and aims to prevent unauthorized and haphazard development in the state.

New Town Kolkata Development Authority (NKDA)

The New Town Kolkata Development Authority (NKDA) is the statutory body responsible for planning and developing New Town, a major satellite township in Kolkata, West Bengal. Established in the early 2000s, it was created to manage the rapid expansion of the city and to develop a modern, planned urban center with integrated residential, commercial, and social infrastructure. Today, it oversees one of the largest and most significant urban development projects in Eastern India.

Capel Magnus Private Limited

I am unable to find any historical or cultural information about “Capel Magnus Private Limited.” This name appears to refer to a private business company, rather than a public place, landmark, or cultural heritage site. Therefore, I cannot provide a summary about it as a cultural or historical location.

Alita Garden Vista Projects

I am unable to find any verifiable historical or cultural information about a place called “Alita Garden Vista Projects.” It is possible this refers to a local, private, or proposed development project that is not widely documented. Without more specific details or an alternative name, I cannot provide a meaningful summary.