Chintels: Residents get SC stay on order to vacate 3 towers
The flat owners had appealed to the Supreme Court against the decision of the deputy commissioner, which they pointed out did not mention anything about offering them compensation, rent or offer of reconstruction, which has been offered to owners of six other towers to be demolished in the same complex
Gurugram: A group of flat owners in the Chintels Paradiso condominium have got a stay from the Supreme Court on the district administration’s order to vacate Towers A, B and C of the condominium, which had earlier been deemed unsafe after a structural audit, residents living in the three towers said.
A bench of the apex court on Monday granted a stay on a petition filed by flat owners of Chintels Paradiso, against the Gurugram deputy commissioner’s order to vacate the three towers within 15 days. The order was issued last week.
The flat owners had appealed to the Supreme Court against the decision of the deputy commissioner, which they pointed out did not mention anything about offering them compensation, rent or offer of reconstruction, which has been offered to owners of six other towers to be demolished in the same complex.
Chintels Paradiso has nine towers out of which six towers have already been declared unsafe, and the developer has been given permission to demolish these six towers (D, E, F, G, H and J). The three remaining towers A, B and C were also declared unsafe in February and will be demolished once these are vacated.
Rakesh Hooda, president, Chintels RWA and one of the petitioners, who owns a flat in Tower A said that 22 flat owners of Towers A, C and J had approached the apex court and sought an urgent hearing, which was held on Monday against the order of deputy commissioner, Gurugram, directing the flat owners of these towers to vacate the flats within 15 days.
“We had sought relief due to the fact that there is no mention of payment of rent in the extant order, the developer has not offered any reconstruction offer to owners of these towers and we have also demanded that ₹1000 psf reconstruction charges being asked for by the developer should be waived,” he said.
Hooda said the bench of Justice Abhay S Oka and Justice Ujjal Bhuyan granted a stay in the matter and asked the developer to file a reply on the next date of hearing on April 9.
Chintels India Ltd, vice president, JN Yadav confirmed the development and said that they will file a reply in the apex court on the next date of hearing. “We have paid compensation to the owners of six towers and we will pay compensation to the owners of these three towers as well. The directions of the Supreme Court will be followed. We have already complied with the directions of the district administration and state government in this matter. We are paying rent to flat owners, paid them compensation and all levies as per government directions. The company, has however, decided that we will pay only compensation to owners of Tower A, B and C and will not make the offer of reconstruction,” he said.
The Gurugram district administration had on Wednesday invoked the Disaster Management Act, 2005, and issued directions to the flat owners of Tower A, B and C to vacate the flats within 15 days.
