Kolkata: The Calcutta High Court has directed the demolition of the 16th tower in the Elita Garden Vista residential complex in New Town, ruling that its construction violated statutory provisions and involved fraud by the promoter.
The Division Bench, comprising Justices Rajasekhar Mantha and Ajay Kumar Gupta, set aside an earlier Single Bench order that had refused demolition, noting that illegal construction could not be legitimised by delay or alleged acquiescence.
The court found that the 26-floor Tower No. 8 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 judgment emphasised that the New Town Kolkata Development Authority (NKDA) could not sanction revised plans while ignoring consent and ownership requirements under other laws, and that the promoter’s suppression of critical facts amounted to fraud.
The court directed that the tower be demolished within two months, with all residual structures or effects removed within one month. Buyers of the 16th tower are to be refunded their purchase amounts along with seven per cent annual interest.
The State Vigilance Commission has been directed to investigate the roles of the promoter and NKDA officials, with departmental or criminal proceedings to follow. Requests by the promoter for a stay were refused.