Write Comment     |     E-Mail To a Friend     |     Facebook     |     Twitter     |     Print

Supreme Court orders demolition of Supertech’s twin 40-storey towers in Noida

A bench headed by Justice DY Chandrachud ordered that the demolition should be carried out within three months at its own cost under the supervision of NOIDA officials. The demolition shall be overlooked by the CBRI to ensure safe demolition.

The Supreme Court on Tuesday upheld an order passed by the Allahabad High Court directing the demolition of twin 40-storey towers in the Emerald Court project in Noida for violation of building norms.

A bench headed by Justice DY Chandrachud directed that the entire amount of home buyers be refunded with 12 per cent interest from the time of the booking and the Residents Welfare Association be paid Rs 2 crore for the harassment caused due to the construction of the twin towers.

The bench said that demolition exercise of the twin towers be carried out within three months under the supervision of NOIDA and an expert agency and the cost of the entire exercise has to be borne by Supertech Ltd. It said the construction of Supertech’s twin 40 storey towers having 915 flats and shops was done in collusion with NOIDA authority and the high court was correct in holding that view.

On August 4, the top court had reserved its verdict on the batch of pleas while reprimanding NOIDA authority saying it is reeking with corruption and had connived with the builder over not providing the sanctioned plan to the homebuyers of Supertech’s Emerald Court project. It had said that when the homebuyers asked for the plan, the authority wrote to the developer on whether to share it and refused to give the plan to them at the developer’s behest.

The top court had earlier said that what Supertech Ltd has done is “palpably wrong”, as the towers were constructed by encroaching upon the green common area of the housing society. The court had also added that it was only after the high court expressly directed the NOIDA authority to give the plan that it did so.

Realty firm Supertech Ltd had defended the construction of twin towers and claimed no illegality. It had said that Supertech had lost the case before the high court on two counts — distance criteria and not taking consent of home buyers before constructing those towers.

The homebuyers association has claimed that the huge twin towers constructed by the builder were not in the original plan shown to them at the time of booking and it has blocked their view, fresh air and sunlight.

On April 11, 2014, the Allahabad High Court ordered the demolition of the two buildings within four months and the refund of money to apartment buyers.