Finalise demolition plan in two weeks, Supreme Court tells Supertech

According to the plan mentioned in the Supertech’s affidavit, Edifice Engineering will carry out the demolition in three months, remove debris in another three months and conclude the entire process in less than seven months.

The Supreme Court on Monday fast-tracked the demolition of Supertech’s 40-storey twin towers at Noida’s Emerald Court project by directing the real estate builder to ensure all formalities for beginning the demolition of the towers is completed within two weeks. The apex court declared the towers illegal on August 31, 2021, and set a deadline of three months to demolish them.

The apex court declared the towers illegal on August 31, 2021. (HT)

The order came on a day when the Noida Authority informed the Supreme Court that the Central Building Research Institute (CBRI), Roorkee, the agency engaged as an expert by Noida authority to oversee the process, on January 14 approved the demolition plan submitted by Edifice Engineering, a firm suggested by Supertech.

According to this plan mentioned in the Supertech’s affidavit, Edifice will carry out the demolition in three months, remove debris in another three months and conclude the entire process in less than seven months.

However, Supertech told the top court on Monday that the contract cannot be signed with Edifice without receiving no objection certificate (NOC) from various government bodies, including permit to store explosives needed for demolition.

A bench of justices Dhananjaya Y Chandrachud and Surya Kant said, “Irrespective of NOCs, the contract should commence….We direct that the contract (with Edifice) be executed within a week.” The court posted the matter after two weeks informing the builder to comply with all formalities (of NOCs) by then.

Senior advocate Ravindra Kumar, who represented the Noida authority, told the court that the timeline for demolition kicks in from the date of signing of contract, and Supertech cannot be permitted to delay signing of contract for need of NOCs. Even the bench agreed and said, “You (Supertech) will get NOC within a week. The demolition is as per the Supreme Court judgment.”

On January 12, the court took serious exception to its order not being complied with by Supertech as neither had the demolition process been finalized nor the residents who invested in the two towers got their refunds, as ordered on August 31. The court said, “We are going to send your directors to jail. You are playing truant with the Supreme Court.”

Senior advocate S Ganesh, appearing for Supertech, told the court that calculations of refund were made and cheques prepared. He was willing to transfer the amounts digitally to the bank accounts of the buyers. However, amicus curiae Gaurav Agrawal prepared a note showing stark difference in the amounts calculated by him and those prepared by Supertech for paying homebuyers.

The homebuyers represented by advocate Abraham Mathews requested the court to allow the cheques prepared by Supertech to be encashed while reserving their right to get additional payment. The court accepted the request and said, “The cheques (presented by Supertech) can be encashed by homebuyers subject to further proceedings.”

Some of the homebuyers complained to court that the builder was not heeding to their requests for repayment as they had not filed contempt petitions against the real estate company in the top court. The bench decided to hear the contempt petitions on Friday in order to settle the payment dues.

Over 250 homebuyers sought refund of their money invested in the two towers having 915 flats of which 633 were booked. The order to demolish the towers came on a petition moved by the Emerald Court Owner Resident Welfare Association for reclaiming the green space earmarked in the original plan. The court noted the connivance between the builder and Noida authority that allowed further construction of these towers in violation of the 16 metre minimum distance norm between two towers as per the National Building Code 2005.

After the judgment, Supertech came with a proposal to slice one of its towers, but the application was dismissed by the top court on October 4. Supertech has subsequently filed a review petition against the August 31 ruling that is yet to be heard.