The developer is not at fault

  • Jeevan Prakash Sharma, None, Delhi
  • Updated: May 07, 2014 20:26 IST

Dhirendra Sharma, one of the 600 homebuyers from Supertech’s two towers ordered to be demolished by the Allahabad High Court, has filed a petition in the SC with nine other homebuyers. They have demanded that construction of the two towers be resumed. HT Estates interviewed him to find out more.

What’s your plea before the SC?
We are the aggrieved parties in this case and Allahabad High Court didn’t hear us. We are deprived of the process of natural justice.

So you are not happy with the compensation awarded by the HC, ie, refund with 14% interests compounded annually?
No, we want the possession of our flats.

The RWA of Emerald Court says that the towers are illegal and unsafe. The HC held the same in its judgment. Why do you want to live in an unsafe building?
The RWA members always had vested interest in the whole case. Why didn’t they inform all the allottees of the two towers (16 and 17) that these towers were under litigation?

But don’t you think it’s the duty of the developer to do that?
The developer has never said that he has flouted any building plan so he didn’t do it.

But the factual position was that the towers were under litigation and the builder should have informed each and every allottee.
I don’t think the developer is guilty because he followed the plan.

The RWA of Emerald Court alleges that you (and the others who filed a petition in the Supreme Court) act as proxy candidates for the developer as he has sponsored you to file a case in SC?
It’s incorrect. We have a right to demand possession.

But isn’t it strange that despite the HC holding that the building is illegal and unsafe with fire and construction norms compromised, you still insist on having an apartment in the same building?
I have a fair knowledge of civil engineering and I know that these problems can be rectified. We invested in 2009 at Rs. 3,000 per sq ft, and the current rate is Rs. 7,000 per sq ft. We can’t get a flat at such a good location at this rate right now.

With 14% compensation you will get money at the rate of Rs. 5,000 per sq ft. If you think it’s not satisfactory, why don’t you ask court to enhance compensation from 14% to 18 or 20%?
We will do this when the apex court upholds the HC order.

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