233 apartments, parking 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 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. Furthermore, this construction reduced the flat owners’ share in the common area, which infringes upon the right to property 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, officers of the New Town Kolkata Development Authority (NKDA), and others involved in the project approval process.

‘Promoter Suppressed Important Facts’

The court said 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 aggrieved 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 as 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 refused to consider their petition. In 2007, Capel Magus Private Limited announced a housing complex of 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 be refunded 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, established in 1862, is the oldest High Court in India. It was founded under the **High Courts Act of 1861** and its grand Gothic building, inspired by the Cloth Hall of Ypres, was completed in 1872. As a premier judicial institution, it has played a pivotal role in shaping Indian jurisprudence, including landmark cases during the British Raj and the Indian independence movement.

Alita Garden Vista Society

I’m unable to find any verifiable historical or cultural information about a place or site called the “Alita Garden Vista Society.” It does not appear to be a widely recognized landmark, cultural institution, or historical site in available references. It is possible the name refers to a local residential community, private organization, or a fictional location.

West Bengal Apartment Ownership Act, 1972

The West Bengal Apartment Ownership Act, 1972 is not a place or cultural site, but a legal statute. It is a state law in India that provides the legal framework for individual ownership of apartments within a building, defining the rights, obligations, and management of common areas among co-owners. Enacted to regulate the growing urban housing sector, it established a system for issuing deeds for individual units and forming owners’ associations.

West Bengal Premises Development Act, 1993

The West Bengal Premises Development Act, 1993 is not a cultural site or place, but a state law in India. It is a legal statute enacted to regulate the development, construction, and maintenance of buildings and premises within West Bengal, primarily to ensure orderly urban growth and safety standards. Its history is legislative, created to address urban planning challenges in the state during the early 1990s.

New Town Kolkata Development Authority (NKDA)

The New Town Kolkata Development Authority (NKDA) is a modern planned township and administrative body established in the early 2000s to manage the rapid expansion of Kolkata to its northeast. It was created to develop a major satellite city with modern infrastructure, business hubs, and residential areas, alleviating pressure on the historic city center. Today, it is a key economic and IT corridor, representing the contemporary growth of the Kolkata metropolitan region.

Capel Magus Private Limited

“Capel Magus Private Limited” does not appear to be a publicly recognized historical place, cultural site, or monument. Based on available information, it is a private business entity, likely a company. Therefore, it does not have a cultural or historical significance to summarize in this context.

Alita Garden Vista Projects

Based on available information, “Alita Garden Vista Projects” does not appear to be a widely recognized historical place or public cultural site. It is most likely the name of a private residential real estate development or housing project, possibly located in India or Southeast Asia. As such, it does not have a documented public history for a cultural summary.

State Vigilance Commission

The State Vigilance Commission is an anti-corruption government body found in various states of India, most notably in Kerala. It was established to investigate and prevent corruption within the state’s public administration, operating as an independent watchdog agency. Its history is tied to the broader national movement for transparency and good governance, with the Kerala commission being formally constituted under the Kerala Vigilance Commission Act of 1998.