EmeraldCourtProject
SC orders demolition of 40-storeyed towers; slams Noida Authority for colluding with realty firm in illegal construction
Delhi/IBNS: The Supreme Court Tuesday ordered realty firm Supertech to pull down the 40-storeyed twin towers in its Emerald Court Project in Noida over grave violation of building rules, according to media reports.
The order was issued by a bench headed by Justice DY Chandrachud upholding the 2014 judgment of the Allahabad High Court and directed Supertech to raze the buildings at its own cost within the next three months, according to Hindustan Times report.
The court also asked the firm to refund money to the home buyers within two months and pay Rs 2 crore to the Resident's Welfare Association that fought the case against the illegal construction, it said.
The SC slammed the Noida Authority for colluding with the builder, allowing the construction of the towers in clear violation of municipal and safety norms. The petitioners also alleged that the project also flouted the minimum distance criteria.
On April 11, 2014, the Allahabad High Court had ordered the company to demolish the twin towers within four months and refund money to the people who had purchased apartments in the buildings.
The order was stayed by the Supreme Court after Supertech appealed against the decision.
On August 4 last, the top court reserved its order and reprimanded the authority for its "shocking exercise of power" in sanctioning the two residential towers in a green area and then blocking the Right to Information request from home buyers about the building plans.
According to the HT report, castigating the Authority for blaming the home buyers for asking the plan too late, the apex court said "From the way you are arguing it appears that you are the promoter. You cannot be fighting against the home buyers. As a public authority, you have to take a neutral stand. Your conduct reeks of corruption from the eyes, ears, and nose and you are trying to find fault with the homebuyers."
The court pointed out that the Authority wrote to Supertech asking whether to give the plan to the home buyers association and it was only after the High Court expressly directed the authority to give the plan that it did so.
The association accused the firm of not showing the towers in the original plan and the current construction blocked their view, fresh air, and sunlight
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