The ongoing legal dispute surrounding the Chander Kunj Army Towers in Kochi has reached a critical juncture. This residential complex, designed for both retired and serving army personnel, has been plagued by significant structural issues. In a notable shift, the Army Welfare Housing Organisation (AWHO) has proposed a refund of the construction costs to affected flat owners, abandoning its earlier stance that the deteriorating structures could be retrofitted.
The AWHO’s refund proposal comes in the wake of a recommendation from the Indian Institute of Science (IISc) that the B and C towers at Chander Kunj be demolished due to their severe distress. Previously, the AWHO based its retrofitting plan on a study by Bureau Veritas, a private consulting and engineering firm. Following challenges from some flat owners, the Kerala High Court appointed the IISc to conduct a thorough structural assessment, ultimately leading to the current circumstances.
In its affidavit submitted to the High Court, the AWHO outlines that the demolition and reconstruction process for the buildings could take a daunting nine years. To mitigate delays and uncertainties, it has opted for a refund strategy. However, flat owners are skeptical, denouncing this approach as leaving them with a “ticking time bomb.”
The refund proposal was discussed during a meeting of the AWHO’s Board of Governors on October 29 and communicated to the court shortly thereafter. The offered compensation aligns with current valuations, estimating between Rs 60 to Rs 70 lakh for the apartments. The AWHO has additionally suggested allowing owners to retain their Undivided Share of Land (UDSL), which they could choose to surrender for a further indexed compensation based on what they paid at the time of possession. According to the AWHO, the total compensation required could amount to approximately Rs 175 crore, contrasting with the roughly Rs 136 crore the organization originally received from the project. They also indicated intentions to pursue legal action against the contractor, architect, and project director to recover these funds.
Despite the AWHO’s plan, residents are calling for better compensation, asserting that the amount fails to reflect current market rates for similar properties nearby. Some members of the residents’ association have formally objected to the proposed refund in court and are advocating for either a compensation amount that mirrors current market prices or the provision of new flats.
Col (retd) Ciby George, a prominent participant in the legal challenge against the AWHO, has raised concerns regarding the organization’s claims about reconstruction timelines, arguing that similar projects have been completed much faster. He has filed a counter-petition requesting urgent action from the district collector to evacuate the buildings, emphasizing the dangers that the current structures pose to residents. He criticizes the refund offer, stating that it falls short of the original amounts paid and is dismissive of the serious safety hazards that the buildings represent.
The situation continues to unfold as both the AWHO’s new proposals and the flat owners’ reactions circulate in the legal arena, with heavy implications for the future of the Chander Kunj Army Towers and its residents.
