Kolkata: The Supreme Court has stayed the Calcutta High Court’s order directing the demolition of Tower 8 of Elita Garden Vista, a 26-storey residential tower in New Town housing 160 families.
A Division Bench of Justices Sanjay Kumar and Alok Aradhe ordered that the directions contained in paragraphs 234 and 235 of the High Court’s August 29 judgment would remain stayed until the next hearing, scheduled for November 11, 2025. The High Court had mandated demolition within two months of its order.
Advocate-on-Record Saptarshi Dutta, representing the appellants, said: “We welcome the Hon’ble Supreme Court’s decision to stay the demolition of Tower 8 of Elita Garden Vista. The stay order has provided great relief not only to the developer consortium but also to the 160 hapless families residing in the tower.”
Narendra Nagpal, vice-president, marketing, Elita Garden Vista Pvt Ltd, said the construction of Tower 8 was carried out after obtaining a revised sanction from the New Town Kolkata Development Authority (NKDA) in 2015, with consent from flat owners of Phase I. “Amenities in the common areas were also enhanced, much to the satisfaction of residents. Our foremost concern has been the welfare of the 160 families, who would have be en rendered homeless had the demolition been carried out,” he said. He added that demolition would have caused severe environmental damage due to large-scale dust and air pollution.
The Calcutta High Court, in its judgment, had held that Tower 8 was constructed in violation of statutory provisions and without the mandatory consent of existing flat owners. The Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta ruled that the revised plan contravened the West Bengal Apartment Ownership Act, 1972, and the Premises Development Act, 1993, reducing undivided shares in common areas. It termed the promoter’s conduct fraudulent, ordered demolition within two months, refund of buyers’ amounts with 7 percent interest, and directed a Vigilance Commission probe into the roles of the promoter and NKDA officials.