Flat Owners’ Rights at Risk
The High Court noted that while buyers of flats in the first 15 towers held valid property rights under Article 300A of the Constitution, residents of the illegally constructed 16th tower had no such legal standing. The ruling stated that existing flat owners had lost part of their undivided share in the common land and open spaces without their consent.
“It would be fundamentally unjust and illegal to compel the flat owners of 15 towers to give up their undivided land shares,” the order read. The court emphasized that additional amenities could not compensate for the reduction in legally guaranteed common ownership.
Refunds and Accountability
The bench directed that all buyers of apartments and commercial units in the 16th tower must be refunded their investments along with 7% annual interest. Residents will be allowed to remove their belongings within one month.
The demolition, to be carried out within two months, will be executed by the promoter and NKDA at the promoter’s expense. The State Vigilance Commission has also been tasked with initiating departmental and criminal proceedings against the promoter, engineers, and officials who approved the revised plan.
Background of the Case
The project, initially launched in 2007 by Keppel Magus Private Limited, was sanctioned for 15 towers with around 1,278 flats. In 2014, Elita Garden Vista Projects acquired the development and later secured approval for an additional tower and a commercial complex. This revision reduced the proportionate share of land for original buyers, sparking legal disputes that culminated in the High Court’s ruling.
The promoters’ counsel, Abhrajit Mitra, sought a stay on the demolition order, but the court refused, underscoring that there was “no alternative to demolition” in cases of unauthorized construction.
