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 following necessary 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.

The bench stated that the society’s 16th tower was built without the consent 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’ share in the common area, which violates 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, officials of the New Town Kolkata Development Authority (NKDA), and others involved in approving the project 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 existing flat owners of 15 towers, there is no option but to demolish it. Additionally, the situation favors demolishing the tower because the original acceptance plan from 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 because the promoter ‘suppressed important facts.’

23 floors and 1,278 flats

Meanwhile, lawyer representing the promoters 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 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 officials 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 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 oldest High Court in the country, it holds significant historical and judicial importance.

Alita Garden Vista Society

I am unable to find any 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 name that is misspelled or not widely recognized. Without verifiable information, I cannot provide a meaningful summary.

West Bengal Apartment Ownership Act, 1972

The West Bengal Apartment Ownership Act, 1972 is not a physical place or cultural site, but a significant piece of legislation. It was enacted to legally define individual ownership of apartments within a building and to establish the rights and responsibilities of apartment owners. The Act provides the framework for the formation of apartment owners’ associations to manage common areas and facilities.

West Bengal Premises Development Act, 1993

The West Bengal Premises Development Act, 1993 is not a cultural site or a place, but a piece of legislation enacted by the government of West Bengal, India. Its primary purpose is to regulate the development and construction of premises within the state to ensure orderly urban growth. The act outlines rules for building permissions, land use, and development control to manage urbanization and construction activities.

New Town Kolkata Development Authority (NKDA)

The New Town Kolkata Development Authority (NKDA) is a modern planned township developed in the early 2000s on the northeastern fringes of Kolkata, India. It was established 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 a shift towards contemporary urban planning in the region.

Capel Magnus Private Limited

Based on available information, Capel Magnus Private Limited does not appear to be a public place or a recognized cultural or historical site. It is a private company, likely operating in business, finance, or consulting. Therefore, a historical or cultural summary is not applicable.

Alita Garden Vista Projects

I am unable to provide a summary for “Alita Garden Vista Projects” as it does not appear to be a widely recognized public place, cultural site, or a project with significant historical or cultural documentation. It is likely a private residential or commercial development, for which detailed public historical information is not available.

State Vigilance Commission

The State Vigilance Commission is an anti-corruption government agency in the Indian state of Kerala, established in 1999. Its primary purpose is to investigate and prevent corruption within the state government, focusing on cases involving public servants. The commission aims to ensure integrity and transparency in public administration.