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Gurugram admin invokes Sec 144 to get two Chintels towers vacated
The Gurugram DC said the occupants will have to vacate the towers within the next 15 days, else face criminal action
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The district administration on Monday invoked Section 144 (CrPC) to get residents of towers E and F of Chintels Paradiso in Sector 109 to vacate the premises as these towers have been declared unsafe for living by the district administration.
The deputy commissioner, Gurugram, in his order said the occupants will have to vacate the towers within the next 15 days, else face criminal action. District town planner (enforcement) has been appointed the nodal officer to carry out the order.
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The DC said he was forced to issue prohibitory orders as earlier directions to residents to vacate the premises by February 15 went unheeded.
In a statement issued by the district administration on Monday, DC Nishant Yadav said directions were issued on January 29 that towers E and F must be vacated by February 15. But officials have now received a mail from Chintels developer that some of the occupants are refusing to vacate the flats under one pretext or the other.
In view of the situation, the DC invoked the Disaster Management Act, 2005, and Section 144 CrPC and directed the occupants to vacate the flats within 15 days, the statement said.
A police officer explained that Section 144 CrPC is imposed to prevent any nuisance or obstruction in official work.
When asked about the matter, Chintels Paradiso residents’ welfare association said they were highly disappointed and anguished by the order. “Without a rehabilitation plan and a solution acceptable to flat owners, we will protest against the DC order,” said Rakesh Hooda, president, Chintels Paradiso RWA.
The district administration on January 29 had said while Tower D will be demolished, towers E and F are unsafe and not fit for habitation, according to a structural audit conducted by experts from IIT-Delhi.
Six floors of Tower D of Chintels Paradiso condominium had collapsed partially on February 10, 2022, killing two women. Following the incident, the state government had ordered a district administration probe, which led to the administration seeking a structural audit of the complex and later recommending a Central Bureau of Investigation (CBI) probe, which is currently under way.
The district administration said as per the latest order of deputy commissioner, towers E and F must be vacated within the next 15 days and the district town planner (enforcement) will be the nodal officer to carry out the exercise.
The district spokesperson said DTP (enforcement) will also act as the executive magistrate in the matter and take help from the police to ensure that these flats are vacated within the stipulated time.
“In case anyone refuses to vacate, then Section 188 of the Indian Penal Code (disobedience to order duly promulgated by public servant) and sections 51 to 60 (punishment for false warning) of the Disaster Management Act will be invoked and criminal action will be initiated against such persons,” the district spokesperson said.
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JN Yadav, vice-president, Chintels India Ltd, said they have been trying to get these towers vacated since April but could not do so due to opposition by some occupants. “The structural audit report by IIT experts has already stated that the towers E and F are unsafe and residents should have vacated flats by now. Now the government decision has come and it will be binding on all. We have already given residents an option to either accept compensation or get reconstructed flats after a period of three years,” he said.
