Demolished Saligramam Tower: Madras HC Sets 30 Month Rebuild Deadline for Jains Westminster

The plot at No. 24, Arunachalam Road, Saligramam, once held a 17 storeyed residential complex called Jains Westminster. Today, according to the Madras High Court, "the entire structure was demolished and now the land is vacant." Its flat buyers live in rented homes, with rent paid by the builder. On 22 October 2026 the Chennai Metropolitan Development Authority (CMDA) approved a revised building plan, valid from 22.10.2026 to 21.10.2034. A week later, on 29 October 2026, a Division Bench set a 30 month deadline for the builder to finish a new 21 storeyed complex.

The order, in Jains Westminster Owners Welfare Association v. The Member Secretary, CMDA, W.P. No. 12880 of 2022, was passed by Justice S.M. Subramaniam and Justice R. Rajesh Vivekananthan. It closes a four year writ petition, dissolves a court appointed committee of two retired High Court judges, and hands supervision back to CMDA and the Greater Chennai Corporation.

The short answer. The court directed the Commissioner, Greater Chennai Corporation, to grant the building permit within two weeks of receiving the order, and directed the builder to complete the 21 storeyed complex "within a period of 30 months from the date of grant of building permit." The builder must keep paying monthly rent directly to owners until handover. The trade-off for buyers: they get a firm timeline and continued rent, but lose the court committee that had monitored the project, and the court said it "cannot monitor building construction activities stage-wise by appointing a Committee."

How did a finished Chennai tower end up demolished?

Through a structural failure that a court committee confirmed. The order says the builder had agreed with buyers to construct flats at Door No. 24, Block No. 38, Arunachalam Road and provide amenities as scheduled. The owners' association alleged structural deviations and missing amenities. The court then appointed a committee, which "with the assistance of experts from IIT Madras, inspected the building and found that the structural design and its implementation made by the builder was not in consonance with the building plan approval and the standards required for construction of 17 storeyed building."

"In compliance with the expert's opinion through the Committee, the structure constructed was demolished in entirety in pursuance to the orders of this Court," the Bench recorded. Directions were then issued to reconstruct the complex and hand over flats to the buyers. In the court's words: "Four years lapsed. Structures constructed were demolished. The members of the petitioner association are in occupation of rented houses and the monthly rent is being paid by the respondent builder."

The association's amended prayers, also set out in the order, show the wider dispute. They include a claim of Rs. 2,20,75,308 towards corpus fund and maintenance for unsold flats for 2018 to 2020, a claim over five flats said to be built in a non FSI area meant for air handling units, and a request for Rs. 5,00,000 per owner for mental agony. The court's final order does not grant these claims.

What did the court order on 29 October 2026?

It disposed of the writ petition with ten directions. The core ones for buyers are below.

The court also directed the builder to "engage experts to ensure that the building is constructed in accordance with the structural design and the standards as required under law", and said that if differences arise, the association may approach the builder, who must convene a meeting to resolve issues. If the builder fails to keep to the timelines, "the petitioner association is at liberty to approach this Court."

How did the revised plan get approved so quickly?

Under a tight court timetable. On 07.10.2026 the Bench directed the builder "to sit along with the competent authorities of the CMDA, rectify all the defects / errors pointed out by the CMDA and re-submit the building plan for approval within a period of two weeks." It warned that "no further time will be granted", and directed CMDA, if the application was otherwise in order, to grant approval within one week after that two week period. It also said construction should then begin and that it would fix the completion timeline after approval.

The builder rectified the defects and resubmitted. CMDA then issued Letter No. CMDA/PP/HRB/S/0579/2025 dated 22.10.2026 granting building plan approval, valid from 22.10.2026 to 21.10.2034. The court noted that the builder still had to approach the Commissioner, Greater Chennai Corporation, for a permit under the local bodies law, and on receipt of that permit "has to commence building construction without any further loss of time."

Why did the court dissolve the monitoring committee?

Because, in the Bench's view, statutory authorities are meant to do that job. The owners wanted the committee to continue until handover. The builder said continued monitoring by retired judges was "unnecessary" and imposed "huge expenditure". CMDA's counsel said the authorities "will monitor the building activities by conducting periodical inspection as mandated under the relevant provisions of the Statutes and Rules in force."

The Bench agreed with the authorities' position. "Courts appoint Committees only for a limited purpose to ensure if any gross injustice is noticed in certain cases. Appointment of the Committee may not be a routine affair. Power of judicial review under Article 226 of the Constitution of India is limited. High Court cannot monitor building construction activities stage-wise by appointing a Committee, which is unnecessary." It noted that at the start, expert opinion was needed to assess structural stability, and that stage had passed.

What did the court say about the builder's conduct?

It was direct. "No doubt, the purchasers underwent mental agony and are suffering. The builder has committed deficiency in services." The Bench then explained that by its intervention, the committee engaged IIT experts, the structure was demolished, a revised plan was submitted and CMDA granted approval.

In court, the builder's counsel said the construction "in entirety will be completed within a period of 30 months from the date of planning permit by the Greater Chennai Corporation", and that the builder undertook to pay monthly rent "till such time the respective flats are handed over." The court turned that into a direction.

What does this case teach Chennai flat buyers?

That a building can be complete, occupied and still fail, and that recovery can take years even with active court supervision. The petition was filed in 2022. A locking and sealing notice for Block D was dated 12.10.2018 and 16.07.2019, and Block D was sealed on 1 August 2019, according to the prayer. By late 2026 the buyers had a fresh plan approval but no new building.

The case also shows how much a buyer depends on plan approval and its enforcement. PropNewz has explained what documents a buyer can demand from a promoter under RERA in its guide on RERA documents for Chennai flat buyers, and looked at another owners' dispute in the Greams Dugar case.

Before booking in any high rise, especially one under construction, work through this list.

1. Ask for the CMDA planning permission and the local body building permit, and note their validity dates.
2. Compare the number of floors and blocks in the brochure with the approved plan.
3. Ask whether any locking, sealing or deviation notice has ever been issued for the project.
4. Ask who the structural engineer is and whether a structural stability certificate will be shared.
5. Check whether flats or units are planned in areas the approved plan marks for services or non FSI use.
6. Join or form an owners' association early, and keep minutes and correspondence on defects.
7. Keep every payment record, agreement and notice, since disputes like this can run for years.

What happens next for Jains Westminster buyers?

The clock starts with the Corporation's building permit. Once it is granted, the 30 month period runs, and the builder must keep paying rent. CMDA and the Corporation must inspect periodically. If the builder misses the timelines, the association can return to the High Court under the liberty granted.

The order does not say when the Corporation received the copy of the order, so the exact permit date is not yet public. PropNewz will report when the building permit is issued and construction starts, since that date fixes the 30 month deadline for these buyers.

Frequently asked questions

What did the Madras High Court order in the Jains Westminster case on 29 October 2026?

The Division Bench directed the Commissioner, Greater Chennai Corporation, to grant a building permit within two weeks of receiving the order, and the builder to complete the 21 storeyed complex within 30 months of the permit. CMDA and the Corporation must inspect periodically, and the builder must pay monthly rent until handover.

Why was the original Jains Westminster building demolished?

According to the order, a court appointed committee with experts from IIT Madras found that the structural design and its implementation were not in line with the building plan approval and standards for a 17 storeyed building. The structure was demolished in entirety under the court's orders, and the land is now vacant.

Will the court committee keep monitoring the reconstruction?

No. The court dissolved the committee of two retired High Court judges, saying CMDA and the Chennai Corporation are bound to monitor construction under the statutes and rules, and that the High Court cannot monitor building construction stage-wise through a committee. The association may approach the court if timelines are missed.

What does the builder have to pay the Jains Westminster buyers now?

The court directed the builder to pay monthly rent directly and punctually to owners occupying rented premises until the project is completed and flats handed over. Rent deposits held in Indian Bank, High Court Branch, are to be handed to the builder by the committee within two weeks.

This article summarises a court order for general information and is not legal or investment advice.

Last updated 2026-11-08. PropNewz Team.