Kerala High Court Suspends Demolition of Army Residential Towers

thelawmonitor
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Kerala High Court Suspends Demolition of Army Residential Towers

The Kerala High Court has issued a temporary suspension on the demolition of Chander Kunj Towers B and C, which were constructed for Army personnel on Silversand Island, Vytilla. This development follows an appeal by PK Unique Projects Pvt. Ltd., contesting the previously sanctioned demolition by the Ernakulam District Collector-led committee. The decision was delivered by a Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM.

Background of the Case

The Chander Kunj Army Towers, developed by the Army Welfare Housing Organization (AWHO), faced structural integrity concerns, prompting a February 2025 High Court order for their demolition and reconstruction. The court-ordered demolition was to be managed by a committee, which subsequently awarded the demolition contract to Edifice Engineering, a Mumbai-based firm, following a tender process.

PK Unique Projects challenged the award of the demolition contract to Edifice, arguing that their bid was the lowest at ₹9.22 crore. The company contended that the authorities altered the tender evaluation criteria post-submission, assigning 70% weightage to technical qualifications and 30% to financial bids, without disclosing the technical evaluation scores. This lack of transparency led them to seek judicial intervention.

Court’s Observations

In their appeal, PK Unique Projects sought a halt to the demolition until a Single Judge could review their challenge against the contract award. The State authorities, represented by Additional Advocate General Mohammed Shah, informed the court that a counter affidavit was due by June 23. The Division Bench, noting the absence of an interim relief from the Single Judge, acknowledged the urgency and necessity of the demolition but emphasized procedural fairness.

The High Court granted PK Unique Projects the liberty to expedite the hearing of their plea before the Single Judge. Senior Counsel P Deepak, along with Advocates KR Arun Krishnan and Deepa K Radhakrishnan, represented the appellant, while state authorities were represented by Additional Advocate General Mohammed Shah.

The temporary stay on the demolition ensures that the appellant’s concerns about procedural transparency are addressed, while also recognizing the critical need for addressing the structural issues with the towers. The case highlights the balance courts must maintain between procedural fairness and urgent public safety concerns.

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