Kochi, Feb 3 (PTI) The Kerala High Court on Monday ordered the demolition and reconstruction of two towers of the apartments in the Silver Sand Island (SSI) Kochi project of the Army Welfare Housing Organisation (AWHO) in Vyttila here.
Justice Mohammed Nias C P said given the serious structural stability issues posing grave risks to occupants, the only option is to demolish and rebuild Towers B and C of the apartment complex to prevent casualties and safeguard lives and property.
“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," the judge said.
"Considering the expert reports, the Kerala Municipalities Act, 1994, the Kerala Municipality Building Rules 1999, 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 observed.
It also directed the Ernakulam District Collector to constitute a committee comprising experts, including an experienced structural engineer, two owners from the Residents Association, an experienced engineer from the municipality concerned, and such other personnel necessary for a proper implementation of the demolition and reconstruction of the towers with equal size and facilities.
The committee will meet within two weeks from Monday and decide the modalities for the evacuation of the allottees for the demolition and reconstruction of the towers, the order said.
The committee will also have the power to make the appropriate choice of technology, including architectural and structural designs and a project impact assessment, for the demolition and reconstruction and to ensure that it does not affect the communities in the affected areas or the neighbourhood. This includes setting clear timelines for evacuation, demolition, and reconstruction.
The court also directed AWHO to pay the residents who will be evacuated from towers B and C Rs 21,000 and Rs 23,000 respectively per month towards the expenses for alternate accommodation until reconstruction.
According to the petitioner, Ciby George, a retired army officer, Towers B and C, each comprising 208 flats, began showing severe structural distress within the first year of occupancy.
He alleged that concrete spalling and falling building parts had become a regular occurrence.
On March 29, 2024, the Ernakulam District Collector ordered the retrofitting of the towers after immediately evacuating all residents under AWHO's supervision.
Challenging this order, the residents approached the High Court, seeking a directive for the complete reconstruction of the towers.
The Silver Sand Island (SSI) Kochi project, developed by the Army Welfare Housing Organisation (AWHO) and also known as 'Chander Kunj Army Towers', comprises three residential towers. Tower A consists of 14 stories, while Towers B and C each rise to 26 stories, including a stilt and basement level. The project features a total of 264 Dwelling Units (DUs) along with essential amenities such as a clubhouse, swimming pool, and a sewage treatment plant.
Constructed on 4.28 acres of land, the project commenced in April 2013 and was completed by July 2018. The majority of the units were handed over to their owners by the end of 2018.
The Army Welfare Housing Organisation (AWHO) was established on March 20, 1978, under the Societies Registration Act, 1860. It aims to provide quality and affordable housing for Armed Forces personnel—both serving and retired—as well as war widows and the families of martyrs.
AWHO's operations are overseen by defence personnel on deputation or posting, with administrative expenses managed through contributions from its members.
In 2013, after acquiring land on Silver Sand Island, Vyttila, Kochi, AWHO initiated the construction of these residential units to cater to the housing needs of defence personnel and their families. PTI ARM ROH