The Kerala High Court on Monday ordered the Army Welfare Housing Organisation (AWHO) for the demolition and reconstruction of the Chanderkunj Army Towers at Silver Sand Island, Vyttila, citing poor construction quality.

A single bench of Justice Mohammed Nias CP further directed the District Collector to constitute a committee with experts for a proper implementation of the demolition and reconstruction of the towers with equal size and facilities.

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The court emphasized that demolition was the only viable solution to prevent potential hazards and safeguard lives.

“The distress to the towers is undeniably human-induced, causing significant loss and suffering due to cumulative violations of regulatory, structural, and environmental standards. Continued occupation poses grave risks, necessitating immediate evacuation to ensure community safety. Considering the expert reports, the Kerala Municipalities Act, 1994, the Kerala Municipality Building Rules 1999, and the Disaster Management Act, 2005 and the order passed by the District Collector, there is no alternative but to direct AWHO to demolish and reconstruct Towers B and C to prevent casualties and protect lives and properties.” the court said

The court order is a setback for the Army Welfare Housing Organisation (AWHO), which had argued that the buildings could be strengthened through retrofitting. AWHO, a society focused on providing affordable housing to serving and retired Army personnel, as well as widows of Army members, developed the SSI (Silver Sand Island) project, also called Chander Kunj Army Towers. The project consists of three towers (A, B, and C) with a total of 264 dwelling units.

The order  came  in writ petitions filed by owners and association of apartments at SSI in Vytilla against the AWHO. The project was completed in 2018. The residents alleged issues of seepage, water leakage, structural stability. An expert study, including from that of IIT Madras highlighted issues with the structural integrity of Towers B and C of Chander Kunj Army Towers, mainly due to corrosion from high chloride content in the concrete, affecting building safety. The Petitioners filed FIR’s, complaint before Tripunithura Municipality and before the District Collector-Disaster Management Authority.

The Petitioners argued that AWHO is solely responsible for this situation, and submitted that they have spent their hard-earned money on purchasing the flat. It was argued that AWHO must pull down the building and reconstruct them. It was also pointed out that strict action must be taken against the Municipality and authorities for granting permit and for improper constructions. It was also stated that right to residence is a fundamental right and AWHO is duty bound to reconstruct it and grant them compensation.

AWHO argued that writ petition is not maintainable, since they are not a State under Article 12. It was stated that they are discharging any public duty and this a contractual matter.