Supreme Court dismisses Supertech plea to avoid demolition of 2 towers in Noida

An application filed by the realty firm for modifying the top court’s August 31 order directing demolition of the two towers was dismissed as the court was of the view that the plea seeking modification was “in the guise of a review” and the only remedy for thefirm was to file a review petition

The Supreme Court on Monday turned down an ambitious plan by real estate major Supertech to save one of its 40-storey residential towers in its Emerald Court project in Noida that was ordered to be demolished for flouting laws and fire safety norms.

The company had proposed to partially demolish 224 apartments in one tower along with the community area at the ground floor without touching the second tower. (Sunil Ghosh/HT)

An application filed by the realty firm for modifying the top court’s August 31 order directing demolition of the two towers – Apex and Ceyane – was dismissed as the court was of the view that the application seeking clarification/modification was “in the guise of a review” and the only remedy for Supertech was to file a review petition.

The bench of justices Dhananjaya Y Chandrachud and BV Nagarathna said, “In essence what the applicant seeks is that the direction for demolition of towers T-16 and T-17 be substituted by retention of T-16 and slicing of T-17. The grant of such relief is in the nature of review. In successive decisions, this court has held that filing of applications styled as miscellaneous applications or application for clarification in the guise of review and cannot be countenanced.”

Senior advocate Mukul Rohatgi, who appeared for Supertech, said, “I am not seeking review but have come out with an alternate proposal to meet with the distance and green area criteria. It may be considered by the court after the same meets the approval of the concerned authorities.”

As per the plan, the company proposed to partially demolish 224 apartments in tower T-17 along with the community area at the ground floor without touching tower T-16. By doing so, the minimum distance between T-1 and T-17 will be 16 metres as per the requirement under the National Building Code 2005. On the land cleared by demolishing the portion of T-17, the company promised to provide a landscape green area. The flat owners who have opted to keep their apartments could be allotted apartments in the remaining portion of T-17, the firm said.

The application filed by Supertech said that the modification will not only comply with the Building Regulations but also satisfy the fire safety norms -- the grounds formed by the court to order the demolition of the twin buildings.

Earlier, the Allahabad high court too had directed the demolition of the two towers in 2014, against which Supertech had approached the top court.

Representing the home buyers, senior advocate Jayant Bhushan said, “What they are seeking is in the nature of review. The top court had held on August 31 that the common garden area in front of T-1 was eliminated by the construction of T-16 and T-17. This was done in violation of the Uttar Pradesh Apartments Act 2010 which requires the consent of the flat owners before modifying the project plan promised to them.”

He further stated that each homebuyer has an undivided stake in the project that was recognised by the Supreme Court decision and any addition to it by permitting more flats will be impermissible under the Court order.

The company stated in its application, “The construction of the said towers has consumed steel and cement in huge quantities apart from various other materials including human labour amounting to several crores of rupees which shall be rendered to complete waste in the form of scrap.”

The court reiterated, “The attempt made by the application is clearly to seek substantial modification of this court’s order. Such an attempt is not permissible in a miscellaneous application to bypass review procedure. There is no substance in the application and the same is accordingly dismissed.”

The construction of the two towers situated at Noida’s Emerald Court project belonging to Supertech was challenged by the residents before Allahabad high court earlier. The HC order directing demolition got a stamp of approval from Supreme Court, which said, “The illegal construction of T-16 and T-17 has been achieved through acts of collusion between the officers of NOIDA and the appellant (Supertech) and its management.”

The court had ordered the company to refund the money to people who purchased flats in Apex and Ceyane towers within two months, along with 12 per cent per annum interest from the date of their deposits.

The two towers facing demolition have 915 flats of which 633 were booked. Of them, only 252 flat buyers still remain as 133 homebuyers have re-invested in other Supertech projects while 248 have taken a refund.

Following the SC order, the UP government has ordered a probe by a special investigation team (SIT), to probe the unholy nexus between the builder and bureaucrats that led to the two buildings being approved in violaton of existing norms. Based on the enquiry report, the SIT has recommended for filing a criminal case against Noida Authority officials and persons associated with Suptertech.