On Tuesday the supreme court directed Supertech, a real estate major to demolish the two 40 storey towers additionally constructed as one of its housing projects. This twin tower is constructed in Noida and it also said that this construction was actually done in violation of law and also in collusion with the Noida authority, and Noida authority’s erring officials were also directed to get prosecuted. It has violated the law and the supreme court has ordered to demolish these twin towers in Noida.
A bench of Justice MR Shah and Justice DY Chandrachud said that the construction of these twin towers which comprise around 1,000 flats has violated various rules and building regulations. These rules and building regulations also include the safety and fire norms. So as a result the supreme court ordered the company to demolish the building within three months at its own cost. In addition to this, it is also directed that the company should also refund all the money of the people who have invested in these twin towers. The twin towers is still under construction and actually, it was only allowed to build up to 32 floors but as the company has violated this rule and built a 40 storey building supreme court had to take this step.
The Supreme court also stated, “the purpose of stipulating a minimum distance is a matter of public interest in the planned development. The residents who occupy constructed areas in a housing project are entitled to ventilation light and air and adherence to fire safety norms.”
After 9 years of legal battles by the resident’s welfare association of the admiral court this demolition order is the outcome and this battle was a case against the builder as he constructed additional towers in the green area and thus violated the rules. This additional construction has also resulted in blocking sunlight and air for the residents of nearby towers. The company, Supertech, will now see a review of the decision made by the jury, at the end of the trial.
The Allahabad High court was first approached by the residence as they passed a demolition order in 2014. Later the builder moved the case to the supreme court which earlier stayed the High court order. Around 950 flats are now built in the twin towers and overall home buyers had booked 633 flats in the twin towers. In these 633 floors, 248 of them have taken their refunds, while on the other hand, 133 buyers have decided to get shifted to Supertech’s other housing projects. The remaining 252 buyers have remained invested as they have a hope that they may get a favorable order from the supreme court.
The builder also stated that after getting sanction from the Noida authority only then the builder will took a decision and started the construction of the twin tower. Noida’s authority came to support the company and in fact, they also submitted that the company has not violated any rules or regulations. However, the bench rejected their request and hence passed the demolition order stating that the money should also get refunded to the home buyers with the 12% interest and payment of rupees 2 crores to the RWA.
The supreme court bench stated, “the order passed by the high court for the demolition of Apex and Ceyane towers does not warrant interference, and the direction for the demolition issued by the high court is affirmed. The work of the demolition shall be carried out within three months and the work of demolition shall be carried out by the appellant (Supertech) at own cost under the supervision of officials of Noida. In order to ensure that the work of demolition is carried out safely without affecting the existing plead in Noida shall consult its experts and experts from Central Building Research Institute, Roorkee.”
