Kochi: The Kerala High Court on Monday ordered the demolition and restructuring of the Chanderkunj Army Towers at Silver Sand Island, Vyttila. The towers have been the centre of a legal battle over their poor quality of construction.

The court said there was no option but to demolish and reconstruct towers ‘B’ and ‘C’—two of the three residential towers—on the campus to prevent casualties and protect the lives of the residents. The court order comes as a setback to the Army Welfare Housing Organisation (AWHO), which had, throughout the hearing, maintained that the structures could be retrofitted.

The court directed the district collector to constitute a committee comprising an experienced structural engineer, two owners from residents associations, an engineer from the municipality concerned and an officer from the town planning department  for the proper implementation of the demolition and reconstruction of the towers with equal size and facilities. The committee will meet within two weeks from Monday (February 3) and decide the modalities for evacuation of the allottees, for demolition and reconstruction of the towers.

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Justice CP Mohammed Nias pronounced the verdict on a batch of petitions moved by a section of residents, including Col (retd) Ciby George, challenging the AWHO’s move to retrofit the residential towers that have been showing signs of severe distress for years.

The court said the order was issued after considering expert reports, the Kerala Municipality Act, the Kerala Municipality Building Rules, the Disaster Management Act and orders passed by the district collector.

The court said the proposed committee would have powers to make appropriate choices of technologies, including architectural and structural designs and project impact assessment, for the demolition and reconstruction to ensure that it does not affect the communities in the affected areas or neighbourhoods.

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The court ordered that the committee should take the steps without delay and directed the government authorities concerned to grant permissions, treating it as a special case.

The court said the AWHO should pay Rs 21,000 and Rs 23,000 per month, respectively, to the owners of Tower B and C on account of the rental expenses during the period of demolition and reconstruction. The AWHO will be further directed to disburse the amounts admitted in their counter affidavit, namely Rs 175 crore in the manner suggested by the committee, the court directed.

''The owners have occupied the building, used it, and even obtained rental income from 2018 to date. After reconstruction, they will be getting a brand new building. Consequently, the committee will also decide on the extra amount that can be collected from the owners before handing over the newly constructed building," the court said.

The Chanderkunj Army Towers towers, meant for serving and retired army personnel, were built by the AWHO. The buildings were handed over to the occupants in 2018. The B and C towers, comprising 208 flats, each started showing signs of extreme distress in the first year itself.

Several expert panels, the latest being a team from the Indian Institute of Science, Bangalore, had flagged the structural defects in the buildings and highlighted the need for evacuation of the residents. The AWHO had decided to retrofit the buildings based on a detailed study conducted by the private firm Bureau Veritas.

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