Kerala High Court
Saji Thomas vs Secretary Tripuntihura Municipal ... on 19 June, 2024
WP(C) No.10400/2024 1/7 Order Date : 19-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 19th day of June 2024 / 29th Jyaishta, 1946
WP(C) NO. 10400 OF 2024
PETITIONERS:
1. SAJI THOMAS, AGED 57 YEARS,S/O P.V. THOMAS,17,DA2,KENT GLASS
HOUSE,VYTTILA P.O.,ERNAKULAM DISTRICT,PIN-682019.
2. LT. COL. SMITHARANI EDAPPATTU NARAYANAN,AGED 48 YEARS,W/O.KISHOR
PINDANIYIL RAJAPPAN,B2503,CHANDER KUNJ,SILVER SAND ISLAND,VYTTILA
P.O.,ERNAKULAM,PIN - 682019
3. SAJIE SHANKAR,SON OF (LATE) K.P. SANKARAN NAIR,FLAT NO. C
03034,CHANDER KUNJ TOWER,SILVER SAND,VYTTILA-P.O,ERNAKULAM DISTRICT,
PIN - 682019
4. CHANDER KUNJ WELFARE MAINTENANCE SOCIETY,AGED 48 YEARS,REPRESENTED
BY ITS PRESIDENT,SAJIE SHANKAR CHANDERKUNJ TOWER,SILVER SAND
,VYTTILA-P.O.,ERNAKULAM DISTRICT,PIN - 682019
RESPONDENTS:
1. SECRETARY,TRIPUNTIHURA MUNICIPAL COUNCIL,TRIPUNITHURA
MUNICIPALITY,TRIPUNITHURA,ERNAKULAM DISTRICT,PIN - 682301
2. DISTRICT
COLLECTOR,ERNAKULAM,COLLECTORATE,KAKKANAD,ERNAKULAM,PIN-682030
3. SECRETARY,MINISTRY OF DEFENCE,101-A,SOUTH BLOCK,NEW DELHI,PIN-110011
4. ARMY WELFARE HOUSING ORGANISATION,(AWHO),REPRESENTED BY ITS MANAGING
DIRECTOR,SOUTH HUTMENTS,KASHMIR HOUSE,RAJAJI MARG,NEW
DELHI,PIN-110011
5. B.R.AJIT,ARCHITECT,AJIT ASSOCIATES,SILVER SAND ISLAND,VYTTILLA
P.O.,KOCHI,PIN-682019
6. CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS ASSOCIATION
(CATAOA),REPRESENTED BY ITS PRESIDENT,MAJOR GENERAL.
P.RAJAGOPAL,CHANDERKUNJ ARMY TOWERS,SILVER SAND ISLAND,VYTTILLA
P.O.,KOCHI,PIN-682019
7. SILPA PROJECTS AND INFRASTRUCTURE INDIA PRIVATE
LIMITED,65/847-848,3RD FLOOR,NORTH AVENUE, PARAMARA
ROAD,KOCHI,PIN-682018
8. BOARD OF GOVERNORS OF AWHOREPRESENTED BY ITS PRESIDENT,CHIEF OF ARMY
STAFF,IHQ OF ARMY,SOUTH BLOCK,NEW DELHI,PIN-110011.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent suspend and keep in abeyance exhibit
-p5, the occupancy certificate until this hon'ble court passes final
orders in the matter.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
13.06.2024 and upon hearing the arguments of M/S JACOB MATHEW MANALIL,
PRIYA ELIZABETH BABU & HRISHIKESH JAYASARMAN Advocates for the
petitioners, SRI. K.S.ARUN KUMAR,Advocate for R1, SHRI.T.C.KRISHNA, SCGC &
WP(C) No.10400/2024 2/7 Order Date : 19-06-2024
BEA MARY BENNY, Advocate for R4, M/S.O.V.MANIPRASAD,HARIKRISHNAN P. & JOSE
ANTONY,Advocates for R6, K.L.VARGHESE (SR.)along with M/S. M.S. RANJITH
VARGHESE,RAHUL VARGHESE,SANTHA VARGHESE, GEO KENNEDY K. & RANJAN BABU
JOSEPH Advocates for R7, the court passed the following:
WP(C) No.10400/2024 3/7 Order Date : 19-06-2024
MOHAMMED NIAS C.P., J.
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WP(C) Nos.40178 of 2023, 10400, 20298 & 21253 of 2024
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Dated this the 19th day of June, 2024
ORDER
This Court passed the following order on 07.06.2024:
"The parties are given three days time to suggest three names each of experts/organizations which can look into the report and the conclusions prepared by Bureau Veritas India Pvt. Ltd as regards the apartments in question. It shall be filed on or before 12.6.2024. Post on 13.6.2024 at 2 p.m."
2. All parties, including the Army Welfare Housing Organization, the Residents Welfare Association, and the District Collector, agree that the subject apartment complex is in serious structural distress and requires immediate attention. The building's structural stability is adversely affected requiring urgent corrective measures.
3. The Army Welfare Housing Organization, herein referred to as the Project Director had obtained a report as regards the restoration/retrofitting work of the apartment blocks. The contract work is estimated to cost Rs.50 to 55 crores at a probable hike of 15 to 20 percentage. They had also engaged a Project Management WP(C) No.10400/2024 4/7 Order Date : 19-06-2024 -2- WP(C) No.40178 OF 2023 and connected cases Consultant/Technical Service Provider for Technical Services and supervision who will be carrying out the supervision on ground of the retrofitting work and also to verify whether the works are being carried out following the terms of the contract. It is also stated that no amount will be collected from the allottees/owners of the apartments and that the restoration/retrofitting would take approximately 21 months. They also offer to pay a rental of Rs.21000/- and 23000/- respectively for Tower B and C and also the relocation charges of Rs.30000/- each towards moving out and moving back on completion of the restoration/retrofitting work. They had also issued a notice to the Residents Welfare Association on 14.5.2024 requiring the occupants to vacate by 30.6.2024 to carry out the work stated above. The proposed course of action is also stated in the affidavit filed by them on 17.5.2024 for completing the above process along with a 10-year guarantee by the Executing Agency/ Contractor for the retrofitting works.
4. Since the writ petitioners have objections to the report filed by Bureau Veritas India Pvt. Ltd (38th respondent in WP(C)No.20298/2024), this Court passed an interim order on 7.6.2024, giving parties three days to suggest three names each of experts/organizations that can look into the report and the conclusions prepared by Bureau Veritas India Pvt. Ltd as regards the apartments in question.
WP(C) No.10400/2024 5/7 Order Date : 19-06-2024
-3-
WP(C) No.40178 OF 2023 and connected cases
5. Pursuant to the above order the petitioner in
WP(C)No.40178/2023 had suggested the name of Indian Institute of Technology (IIT), Madras to carry out the structural assessment of the said buildings. The petitioner in WP(C)No.20298/2024, the project director and the Residents Association have suggested the names of experts and in their lists, the Department of Civil Engineering, Indian Institute of Science ( IIS for short ), Bangalore figures as a common choice. Consent has been obtained from IIS through the learned Deputy Solicitor General of India in- charge Sri.T.C.Krishna.
6. In view of the above, I deem it appropriate to request IIS, to conduct a structural audit and also to offer its views on the expert report filed by the Bureau Veritas India Pvt. Ltd, in particular, focusing on its basis and on the specific methods techniques/technologies suggested in the retrofitting including its technical and practical and economical feasibility and offering its expert views including the pros and cons. The IIS will also indicate the current approximate cost for putting up new similar structures in the property in question.
7. The writ petitioners, the Army Welfare Organization, and the Residents Association will be free to give work memos within a week from today on matters other than what is directed to be done by the IIS. IIS shall WP(C) No.10400/2024 6/7 Order Date : 19-06-2024 -4- WP(C) No.40178 OF 2023 and connected cases also advert to the relevant and practical suggestions/queries and offer its views in the report. In case any request in the work memos is difficult to ascertain, the same shall be indicated with reason in its report.
Given the precarious position of the subject buildings and the gravity of the situation, the report, as directed above, shall be submitted as soon as possible, but not later than 45 days from the date of receipt of a copy of this order. The parties are directed to offer all assistance to IIS in implementing the directions of this Court. It will be open to IIS to approach this Court in case any clarification or assistance is required. The remuneration/expenses of the IIS shall be borne by the Project Director.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/15.06.2024
WP(C) No.10400/2024 7/7 Order Date : 19-06-2024
APPENDIX OF WP(C) 10400/2024
Exhibit P5 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 09-02-2018
ISSUED BY THE 1ST RESPONDENT