AWHO moves HC against panel directive to take possession of Chanderkunj Army Towers in Kochi

The Army Welfare Housing Organisation (AWHO) has challenged before the Kerala High Court an order of the committee led by the Ernakulam District Collector (DC Committee) directing the organisation to take possession of Chanderkunj Army Towers before their scheduled demolition.

A Single Bench of Justice P.V. Kunhikrishnan issued notice to the company that was awarded the contract to demolish the apartments and adjourned the matter to October 14 for further consideration.

The AWHO claimed that the towers and apartments were no longer under its ownership or possession and that it was not obligated to collect the keys from the owners.

The DC Committee had directed the organisation to take possession of the apartments from their respective owners by collecting the keys and issuing certificates in a prescribed format. The AWHO stated that the District Collector was about to enter into the demolition contract and that it had earlier been resolved that the Tahsildar would take over possession.

The organisation stated that accepting the keys and signing the prescribed certificates would expose it to serious legal complications and prejudice its interests in matters pending before other courts, including the Supreme Court, in connection with the apartment towers.

The AWHO also pointed out that the District Collector had affirmed before the Supreme Court that the Tahsildar was in the process of taking over possession of the apartments.

The High Court had directed the demolition and reconstruction of Chander Kunj Army Towers B and C, noting serious structural problems. The Kerala Real Estate Regulatory Authority (RERA) had also directed the AWHO to compensate certain apartment owners for the internal fixtures installed in their respective apartments.

The petition stated that disputes arising from these orders were pending before the Supreme Court and that accepting possession of the apartments would prejudice the AWHO’s interests in the pending litigation.