Mohta's company indockas HCorders demolition

Promoter, NKDA officials to face criminal action

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In a ruling that shakes the foundations of Kolkata’s real estate sector and evokes memories of the Supertech demolition in Noida a few years ago, a Division Bench of Calcutta High Court has ordered the demolition of a 26-storeyed tower comprising 233 apartments, 269 car parking spaces and a commercial plaza in a residential housing project in New Town promoted by Sushil Mohta (photo) of the Merlin group and others. The court has further directed that officials of the promoter and engineers/officials of the New Kolkata Development Authority who connived in the fraud be proceeded against, both departmentally and under criminal laws.

Sushil Mohta is the Managing Director of Elita Garden Vista Private Limited which promoted the complex while Prakash Bachhawat is a Whole Time Director. The judgment came on a petition filed by some of the original owners of flats in the Elita Garden Vista complex.

Holding that the promoters had obtained permission to construct the tower through fraud, corruption and muscle power, a bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta ordered them to demolish the illegal structure within two months, during which occupants were given a month to remove their effects. Should the promoters fail to do so, the court has directed the New Kolkata Development Authority to carry out the demolition at the cost of the promoters. The court ordered the promoters to refund the sums paid by purchasers with 7 per cent interest.