- Supertech’s Emerald Court Twin Towers of 40-storey is located at Sector 93A, in Noida
- Supreme Court dismissed the plea where Supertech sought modification of orders to raze the twin towers
On Monday, the Supreme Court of India dismissed the application wherein Supertech limited sought modification of direction to demolish the realty firm’s twin 40-storey towers located in sector 90A in Noida and allowing the company to only partially demolish 224 flats of one tower along with its community area on the ground floor to conform with the building norms.
The top court said that granting such a relief is in the nature of a review of the judgement of this court along with in various decisions.
The filing of the applications styled as “miscellaneous applications” or applications for clarifications in the guise for review cannot be countenanced, the top court emphasised.
The bench which comprised of Justices D Y Chandrachud and B V Nagarathna said that there is no substance in the application filed by Supertech Ltd and hence it stands dismissed.
The bench said, “The attempt in the miscellaneous applications is clearly to seek substantive modification of the judgement of this court.
“Such an attempt is not permissible in the miscellaneous applications”.
In its application, the Noida-based realtor said that due to the proximity of Tower-17 (Ceyane) with the other residential towers in its Emerald Court project, it cannot demolish the building by blowing through explosives and it would have to be done brick by brick.
The company said, “The underlying basis of the proposed modifications is that if the same are allowed.
“It would save crores of resources from going to waste inasmuch as the applicant has already put materials worth crores of rupees in the construction of the Towers T-16 (Apex) and T-17 (Ceyane),” while clarifying that it was not seeking review of August 31 order.
On the 31st of August, the Supreme Court of India had ordered the demolition of Supertech Ltd’s twin 40-storey towers under construction within three months for violation of building norms in “collusion” with NOIDA officials, holding that the illegal construction has to be dealt with strictly to make sure compliance with the rule of law.
The Noida authority had received a slap on its wrist as the top court pointed out multiple incidents of collusion of its officials with Supertech Ltd in the Emerald Court project along with several violations of norms by the realty major in the construction of the twin towers.
The top court had directed that the entire amount of home buyers must be refunded with 12% interest from the time of the booking and the Resident Welfare Association (RWA) of the Emerald Court project be paid ₹ 2 crore for the harassment caused due to the construction of the twin towers, which would have blocked sunlight and fresh air to the existing residents of the housing project adjoining the national capital.
The top court noted that the two towers together have 915 apartments along with 21 commercial shops.
According to the data given to the court earlier by Supertech, of the 633 people who booked the flats initially, 133 have moved out to other projects, 248 have taken refunds and 252 home buyers still have bookings with the company in the project.