NEW DELHI: The Supreme Court on Tuesday ordered demolition of real estate major Supertech’s 40-storeyed Emerald Court twin towers in Noida for violation of building laws and norms in collusion with Noida Authority officials.
A Bench of Justices DY Chandrachud and MR Shah said a safe demolition has to be carried out by Supertech in three months at its own cost under the supervision of Noida Authority officials with the technical assistance of the Central Building Research Institute.
The builder was ordered to refund the money collected from homebuyers, who had purchased apartments in the ill-fated twin towers, within two months with an annual interest of 12 per cent. The bench also directed the company to pay a cost of Rs 2 crore to the Resident Welfare Association which had filed a case against the illegal construction.
“The record of the case is replete with instances which show collusion of Noida Authority with the builder. Collusion is writ large in the case,” the court said in a sharp indictment of the Authority.
“Illegal construction has to be dealt with strictly. While the availability of housing stock, especially in metropolitan cities, is necessary to accommodate the constant influx of people, it has to be balanced with two crucial considerations — the protection of environment and the well-being and safety of those who occupy these construct ions,” the bench remarked.
Pronouncing the verdict, Justice Chandrachud said consent of individuals as owners was necessary under the UP Apartment Act before the twin towers were constructed as the common area was reduced by adding new flats. However, with the collusion of authorities, the construction of twin towers was done illegally.
“The judgments of this court spanning the last four decades emphasise the duty of planning bodies, while sanctioning building plans and enforcing building regulations and bye-laws to conform to the norms by which they are governed. A breach by the planning authority of its obligation to ensure compliance with building regulations is actionable at the instance of residents whose rights are infringed by the violation of law,” the court said.
“Unfortunately, the diverse and unseen group of flat buyers suffers the impact of the unholy nexus between builders and planners. Their quality of life is affected the most,” the bench added. The Allahabad High Court had in April 2014 directed the Noida Authority to demolish Towers 16 and 17 (Apex and Ceyane) in Noida Sector 93A in four months but the order was stayed by the SC following the appeal by the builder.