Calcutta HC Orders Demolition of 26-Storey Tower

RR Team

3 months ago

Kolkata, September 4, 2025 — In a landmark ruling, the Calcutta High Court has ordered the demolition of a 26-storey tower in New Town’s Elita Garden Vista within two months, citing gross construction violations and breach of property rights.

The controversial tower, housing 233 apartments, a commercial plaza, and parking space for 269 cars, was constructed as the 16th block in the residential project without mandatory consent from existing flat owners. The bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta held that the construction violated the West Bengal Apartment Ownership Act, 1972 and the West Bengal Premises Development Act, 1993.The court stressed that the New Town Kolkata Development Authority (NKDA) could not sanction a revised plan that undermined ownership rights. It declared that the promoter’s actions amounted to suppression of critical facts, terming the revised sanction “fraudulent.”

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.