New Delhi (PTI): In a setback to Supertech Ltd, the Supreme Court Tuesday directed demolition of twin 40-storey towers of the realty major’s Emerald Court project in NOIDA for violation of building by-laws “in collusion” with the authority officials.
Both the towers – Apex and Ceyane – were under construction when the Allahabad High Court had ordered their demolition. After Supertech Ltd approached the apex court against the high court order, a status quo was ordered.
The top court said the case record is replete with instances which highlight the collusion between officers of NOIDA with Supertech Ltd and its management and involvement of the planning authority with the developer in violation of laws.
The apex court directed that the entire amount of home buyers be refunded with 12 percent 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.
A bench of Justices D Y Chandrachud and M R Shah said the April 11, 2014 high court verdict which directed demolition of the twin towers, does not deserve any interference.
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.
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.
The top court said that recently it has seen rampant unauthorised construction in metropolitan areas in collusion with planning authorities and it has to be dealt with sternly.
