Noida: On Tuesday, a Supreme Court bench of justices DY Chandrachud and MR Shah upheld the Allahabad High Court 2014 verdict for the demolition of the 40-storey twin-tower building project of Supertech Limited's Emerald Court project.
Justices DY Chandrachud and MR Shah ordered that the demolition needs to be completed within three months and the builder has to bear the expenses for the same. The bench also said that the builder should reimburse the amount of all flat owners within two months, with a 12 per cent per annum of interest.
The Central Building Research Institute (CBRI) shall be overlooking the safe demolition of twin towers. The builder has to pay a cost of Rs 2 crore to the Residential Welfare Association (RWA).
The request was passed after the court inferred that the authorisation given by the New Okhla Industrial Development Authority (NOIDA) in November 2009 for the twin tower was violative of least distance necessities and public construction regulation.
The top court said that the case is loaded with examples of collusion among NOIDA and the builder and the illegal development of the twin tower was accomplished by such collusion.
"The record of this case is replete with instances which highlight the collusion between the officers of NOIDA with the appellant and its management. The case has revealed nefarious complicity of the planning authority in the violation by the developer of the provisions of law," the judgement said.
"This state of affairs has often come to pass in no small measure because of the collusion between developers and planning authorities," the judgement further said.
It is the assorted and unseen group of flat buyers who experiences the effect of the unholy nexus among manufacturers and organisers, the court said.
"Their quality of life is affected the most. Yet, confronted with the economic might of developers and the might of legal authority wielded by planning bodies, the few who raise their voices have to pursue a long and expensive battle for rights with little certainty of outcomes," the Supreme Court said.
The Noida Extension Flat Owners Welfare Association (NEFOWA) shared a tweet, "A great decision and a great blow to Supertech Ltd & Noida Authority. The court ordered for demolition within 2 months at cost of the builder & all flat owners in the twin towers to be reimbursed with 12% interest by the builder. (sic)"
A great decision and a great blow to Supertech Ltd & Noida Authority. The court ordered for demolition within 2 months at cost of builder & all flat owners in the twin towers to be reimbursed with 12% interest by the builder. @Mihirlawyer @noida_authority @Supertechltd https://t.co/uTT4YVKS1z
— NEFOWA (@nefowaoffice) August 31, 2021
Abhishek Kumar, President of NEFOWA said, "The order is in the favour of the residents and it's a great blow to Supertech Ltd & Noida Authority."
