New Delhi: The Supreme Court has ordered the demolition of two 40-floor towers built by real estate company Supertech in one of its housing projects in Noida.
Giving the judgment the Supreme Court said that the construction was a result of the collusion between the officials of the Noida authority and Supertech.
Also Read| CJI Ramana Administers Oath Of Office To Nine New SC Judges, Including 3 Women
The court directed the demolition citing violation of by-laws by the realty firm.
The apex court also ordered Supertech to provide reimbursements to the float owners. The SC said, "All flat owners in the twin towers in Noida to be reimbursed along with 12% interest."
The court further said that the demolition work will be carried out by Supertech within a period of 3 months at its own costs under the supervision of Noida officials, according to a report by the Live Law. The demolition will be overlooked by the Central Building Research Institute to ensure the safe demolition of the buildings.
The court also observed that it was necessary to get the consent of the individual flat owners under the UP Apartment Act before constructing the twin towers as the common area was being reduced with the addition of new flats. However, with the collusion of authorities, the twin towers were constructed illegally.
SC reprimanded Noida authority in the last hearing
On August 4, the top court had reserved its verdict on the batch of pleas while reprimanding Noida authority saying it is reeking with corruption and had connived with the builder over not providing the sanctioned plan to the homebuyers of Supertech’s Emerald Court project.
It had said that when the homebuyers asked for the plan, the authority wrote to the developer on whether to share it and refused to give the plan to them at the developer's behest.
The top court had said that it was only after the high court expressly directed the Noida authority to give the plan that it did so.
What was Supertech's stand on claims made by Noida Authority?
Realty firm Supertech Ltd had defended the construction of twin towers and claimed no illegality.
It had said that Supertech had lost the case before the high court on two counts -- distance criteria and not taking consent of home buyers before constructing those towers.
It had said the Emerald Court Owner Resident Welfare Association, which has filed the case before the high court challenging the construction of the twin towers, was not even in existence when the plan was sanctioned and construction had begun, as reported by PTI
The builder had said that out of 633 people booking the flats initially, 133 have moved out to other projects, 248 have taken refunds and 252 home buyers still had their bookings with the company in the project.
What did the Homebuyers association say?
The homebuyers association has claimed that the huge twin towers constructed by the builder were not in the original plan shown to them at the time of booking and it has blocked their view, fresh air, and sunlight.
The top court had earlier said that what Supertech Ltd has done is “palpably wrong”, as the towers were constructed by encroaching upon the green common area of the housing society.
On other hand, Supertech Ltd had told the top court that the Emerald Court owner Resident Welfare Association has been terrorising the builder by making unwarranted claims.
The two towers, Apex and Ceyane of Emerald Court Project of Supertech, together have 915 apartments and 21 shops. Of these, 633 flats were booked initially.
On April 11, 2014, the Allahabad High Court ordered the demolition of the two buildings within four months and the refund of money to apartment buyers.