Kochi: The battle over the crumbling Chander Kunj Army Towers in Vyttila has taken a dramatic turn as a retired Colonel, who is one of the apartment owners, has moved the Supreme Court, warning that the current path toward reconstruction of the towers is a recipe for a “second disaster”.

Colonel Ciby George (Retd), who has been at the forefront of the legal fight against the Army Welfare Housing Organisation (AWHO), filed a Special Leave Petition (SLP) challenging the Kerala High Court’s earlier order and the handling of the case by the District Collector, who is entrusted with the implementation of the order. In the petition, he alleged that the very people responsible for the original structural failure are being given back the keys to the reconstruction, without any monitoring by the government, in violation of the government.

The petition highlights a decision to make only the AWHO, the Residents Welfare Association (RWA), and the Project Management Consultant (PMC) signatories to the demolition and reconstruction contracts. By excluding the Ernakulam District Collector’s committee, which was constituted at the direction of Kerala HC, George argues the project is being handed back to those who oversaw the initial “destruction”.

“Such a decision will put the control of demolition and reconstruction in the hands of the very same persons who caused the destruction... and will lead to another potential disaster,” the petition said.

George’s petition broke down 14 specific grounds for the Supreme Court's intervention, alleging a systemic failure in the rehabilitation of the over 200 displaced veterans including him, who bought the apartments spending their life’s savings..

The petition pointed out a bizarre contradiction that the High Court had previously recorded, that the District Collector failed to pay full rent and relocation charges. Yet, in its final order, it ruled there was “no prima facie case of contempt” when he filed a contempt petition alleging he did not receive the rent as earlier ordered by the court.

The petition also alleged that the reconstruction timeline was fiction. While the project should have entered Phase 4 by April 2026, it hasn't even cleared Phase 2.

George’s petition, which calls the timeline ‘All Teeth, No Bite’ states the court’s directions have been rendered “mandatory in form but ineffective in substance”, leaving his entitlement to rent and relocation funds “uncertain, unenforceable, and illusory”.

George also claimed that he was “singled out” for his actions, highlighting the alleged mismanagement and corruption in the apartment project. He presented bank statements showing that other residents, specifically those who didn't challenge the authorities, received their rent, while his name was “selectively” omitted from beneficiary lists despite the Collector’s orders.

The petition said that there was a “lenient and lax view” that allowed the District Collector to avoid responsibility. By letting the Collector claim that “AWHO refused to pay” the rent, the court permitted the official authority to “shift the burden to a third party”, undermining the power of judicial orders.

In a stinging accusation, the petition claimed that the authorities used the “unsafe” status of the building as a “lever” to force him out. They pressed for immediate evacuation while simultaneously withholding the mandated ₹35,000 monthly rent and ₹30,000 relocation charges needed to move.

George, who moved the SC through advocate Jahnavi Taneja, argued the High Court erred by claiming he couldn't file a prayer separately from the RWA while being its member, even though it allowed other residents to do exactly that. He further noted the court failed to apply “proportionality” to rent calculations, despite him providing Supreme Court precedents.

He also alleged misconduct by AWHO and the RWA, pointing to what he described as widespread criminal complaints and FIRs registered against both parties under various sections of the Indian Penal Code. The petition alleged that the residents have been subjected to “deceit, breach of trust, and betrayal on a systemic scale,” leading to a total erosion of faith in the administration.

The demolition and reconstruction of the army towers are lagging behind schedule. While all the residents, including George, have vacated, they are yet to receive the advance rent for the next six months as earlier directed by the High Court. Flat owners who are staying in rented accommodations have already raised concerns that they cannot afford the rent and the EMIs for the crumbling flats simultaneously. They had urged the collector to ensure the advance rent payment on time.

Citing the rent dues, the RWA had already moved the HC with a contempt of court petition against the AWHO. The court has posted the next hearing in the contempt petition for May 8.