Chander Kunj flats: Owners warn contractor of legal risks; Collector issues one-week ultimatum for demolition agreement

​Kochi: The long-delayed demolition of the structurally unsafe Chander Kunj Army Towers (CKAT) at Silver Sand Island in Kochi’s Vytilla has entered a fresh phase of controversy, with a group of apartment owners formally cautioning the demolition contractor about potential legal and financial liabilities. Meanwhile, the Ernakulam District Collector has issued a one-week ultimatum to the Army Welfare Housing Organisation (AWHO) to complete the demolition agreement process and warned of contempt of court proceedings.

The latest development comes after Mumbai-based M/s Edifice Engineering, which was recently selected to demolish Towers B and C of the residential complex, received a detailed communication from four apartment owners raising serious concerns over the legality of the proposed demolition framework.

The letter dated June 4 was sent by retired officers Major Prince Jose, JWO Moses Henry Motha, Captain Paul Erinjeri and Colonel Ciby George, who own apartments in the building, to the managing director of Edifice Engineering. The owners urged the company to undertake independent legal due diligence before entering into any binding agreement related to the project. They argued that the proposed contractual arrangement departs from the implementation mechanism directed by the Kerala High Court and could expose the contractor to future legal complications.

According to the owners, the most significant concern is the exclusion of the District Collector's committee from the proposed demolition agreement. The High Court had earlier directed that a committee constituted by the collector oversee the evacuation, demolition and reconstruction of the towers.

The owners contended that the agreement was proposed to be executed only between AWHO and the Chander Kunj Army Towers Apartment Owners Association (CATAOA/RWA), while the District Collector's committee was not being included as a signatory. They questioned the legal validity of such an arrangement, arguing that the committee's absence undermines the court-mandated implementation structure.

Another major concern highlighted in the communication is the pendency of a Special Leave Petition (SLP) filed by Colonel Ciby George (Retd.) before the Supreme Court of India, challenging aspects of the implementation process. The owners warned that if the Supreme Court ultimately set aside or modified the implementation framework, questions could arise regarding the validity of contracts executed under the present arrangement.

Among other issues, questions were also raised regarding the tendering procedure. The owners noted that the authorities involved in evaluating and processing the demolition tender were not proposed signatories to the final agreement. They questioned whether AWHO or the residents' association would possess the authority to resolve technical disputes or make decisions relating to a tender process that they did not directly administer.

Edifice management has confirmed that they received the letter. However, they said it was not necessary for them to have the collector’s committee as a signatory in the agreement. “The collector’s committee being a signatory is not a demand for us. If the committee is a signatory, we don’t have any objection. But even if they don’t sign, it is not a concern for us,” a source with Edifice told Onmanorama.

Meanwhile, the district administration has intensified pressure on AWHO over continuing delays in implementing the High Court's directions. During a recent meeting chaired by district collector G Priyanka, officials expressed dissatisfaction that AWHO had still not signed the demolition agreement despite having already received the draft document. The collector subsequently directed AWHO to sign the agreement within one week. Officials warned that failure to comply could result in contempt of court proceedings. The administration is also considering invoking provisions of the Disaster Management Act to ensure implementation of the court-ordered demolition.

Authorities further indicated that if AWHO continues to delay the process, the organisation may be required to deposit the entire demolition cost, including GST, in advance. In such a scenario, the district administration would undertake the demolition directly using the deposited funds to prevent further delays.

The Chander Kunj controversy has been ongoing for several years after multiple expert agencies and technical committees concluded that Towers B and C suffered from serious structural deficiencies. Following prolonged litigation, the High Court ordered demolition and reconstruction of the buildings under the supervision of the district administration.

However, residents displaced from the towers continue to face difficulties as the implementation process remains stalled. During the latest review meeting, the District Collector also took note of increasing complaints from apartment owners regarding delays in receiving rental assistance.

As part of efforts to expedite pending reconstruction-related activities, the Collector directed AWHO to provide an initial amount of ₹5 lakh within one week.

With apartment owners questioning the legality of the proposed demolition framework, a Supreme Court challenge still pending, and the district administration threatening contempt proceedings against AWHO, the future course of the demolition project remains uncertain.