Supertech has said that it will file a review petition against the Noida-based housing project Emerald Court’s order to demolish two twin towers. This comes soon after the Supreme Court on Monday in its judgment said that the construction was a result of the collusion between the officials of the Noida authority and Supertech.
Observing illegal collusion between the Noida Authority and the real estate developer, the court has ordered repayment of all money taken from homebuyers with 12 per cent interest. The court dismissed an appeal filed by Supertech against a 2014 order of the Allahabad High Court which had called for the demolition of the illegal construction.
The two-judge bench of Justice DY Chandrachud and Justice MR Shah noted that while the protection of the environment and well being of residents needs to be balanced with the need for housing, illegal constructions need to be dealt with strictly. Supertech will have to pay for the demolition of the illegally constructed towers, and will have to pay Rs 2 crore to the Supertech Emerald Court Residents Welfare Association (RWA).
In its verdict, Supreme Court says construction of the twin towers containing around 1,000 flats in Supertech Emerald Court in Noida were done in violation of the rules and must be razed within a period of two months by Supertech at its own cost.
On August 4, SC had reserved its verdict saying NOIDA authority 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 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. The court had also said that only after the high court expressly directed the NOIDA authority to give the plan that it did so.
Realty firm Supertech Ltd had defended the construction of twin towers and claimed no illegality.
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.
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.
