The bench observed in its order, “There is no alternative to demolition when an additional structure is constructed without the consent of the existing flat owners of 15 towers" (Archive)The Calcutta High Court has ordered the demolition of a 26-storey tower in a residential housing project in Kolkata’s New Town area within two months, citing violations of the “statutory provisions” of construction.The high-rise building in the Elita Garden Vista society has 233 apartments, a commercial plaza and parking space for 269 cars.The division bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta observed last Friday that the society’s 16th tower was constructed without the mandatory consent of existing flat owners, in breach of the West Bengal Apartment Ownership Act, 1972. The revised plan also contravened the West Bengal Premises Development Act, 1993, and reduced the undivided shares in common areas, infringing property rights guaranteed under Article 300A of the Constitution, the court said.Also, the promoter, the engineers who signed the revised sanction plan and officers of the New Town Kolkata Development Authority (NKDA) and others involved in the process of granting the plan shall be enquired into proceeded against — both departmentally and under the criminal laws — by the State Vigilance Commission, it added.The bench observed in its order, “There is no alternative to demolition when an additional structure is constructed without the consent of the existing flat owners of 15 towers. Further, the situation has leaned in favour of demolition of the tower, given that the original sanction plan of 2007 permitted only the construction of 15 towers, based on which the aggrieved flat owners/appellants purchased their flats.”The judgment stated that the New Town Kolkata Development Authority could not sanction a revised plan while ignoring consent and ownership requirements under other laws, and it amounted to fraud since the promoter “suppressed critical facts”.Abhrajit Mitra, the promoters’ counsel, requested the bench for a stay but the court refused to entertain his request.Story continues below this adIn 2007, Keppel Magus Private Limited announced a residential complex featuring about 15 towers, each with around 23 stories and a total of 1,278 flats. In 2014, the project was sold to Elita Garden Vista Projects. A year later, the new developer secured a revised sanction plan for the 16th tower, reducing the proportionate share of common area and also obtained approval for a new commercial complex.In its order, the High Court observed that it would be “fundamentally unjust and illegal” to permit the flat owners of 15 towers to “give up their undivided land shares”. “It would be inconsistent to say that while the square feet of flats remained in the control of the flat owners, the control over the concomitant proportionate share in the land stood transferred by the same agreement to the promoter,” the court said.The bench further observed that whereas the flat owners of the 15 towers possessed rights under Article 300A, those occupying the 16th tower lacked such amenities as it had been built unlawfully.“The flat owners of the 15 towers have lost their undivided (common) share in the land. Instead, they have not been provided any land, but an increase in the number of common facilities, which cannot compensate for the reduction of their share in the land and particularly in the open common areas.,” the order read.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Calcutta High Courthigh rise buildings