With the only bench of the High Court in Kerala, the petition for a review against its 3rd February, which orders the demolition and reconstruction of Chalander Kunj apartments in Zvilla on Wednesday (June 25, 2025).
The petitioners filed proposals for a review striving for the clarity of the various aspects of the original judgment, but remain not convinced that this purpose was delivered on Wednesday.
Saji Thomas, one of the petitioners of the review, found Wednesday verdict problematic in three numbers – permission granted organization for housing in the field of social care (AWHO), which originally built twins, used rescued materials for reconstruction/ build other floors or areas to complicate losses during demolition and reconstruction from owners and reconstruction. And for the collection and reconstruction and for reconstruction and for selection, and to select the owners and for the reconstruction, and for the selection of owners, and to choose from the owners. “How can the materials rescued from the building be considered dangerous and ordered to be demolished in the construction of a new one?” he asked.
The court also ordered a committee chaired by a district collector to reconsider the scope of construction, taking into account the number of allottes who are willing to continue the reconstruction, and compensation to be offered to those who have decided to buy the back -off scheme. The Court noted that 82 out of 264 assignments expressed their interest in the possibility of repurchase.
“The call of interest is not the same as a strong willingness to choose for this system. This will depend on the conditions of back -ups that AWHO has not yet published. Regardless of this, both towers should be fully reconstructed and units of those who choose back should be included for sale rather than reconstructing.”
The court revised the rent to pay the owners until new units were handed over, which increases them from 21 000 and 23 000 GBP, as designed in Verdict 3 February, to 30 000 and 35 000 GBP for flats in towers B and C. Mr. Thomas questioned the foundation for reducing the rent proposed by the subcommittee, which considered the predominant market rates.
The court further clarified that the owners who did not temporarily occupy their flats from 29 March 2024 would not be excluded from receiving rent. She said that only those who have never satisfied or rented apartments would be excluded.
Mr. Thomas said that the owners have the right to occupy or rent their apartments. “The apartments were sold for 56 lakh and 90 lakh 90 GBP and those who rented them could use the revenue from renting a housing loan. Their loss of income should also be compensated,” he said.
Published – 27th June 2025 12:59
