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Supertech's plea to save one Emerald Court tower rejected by Supreme Court
The two 40-storey towers in Supertech's Emeral Court project in Noida were ordered to be razed over grave illegalities. An SIT formed by UP government found 26 officials of Noida Authority guilty of collusion with the builder. Three of these officials have been suspended.
The Supreme Court on Monday dismissed real estate major Supertech's application to save one of the two 40-storey towers in its Emerald Court project in Noida, that were ordered to be razed over grave illegalities.
The company had sought modification in the court's order to allow it to only partially demolish 224 flats of one tower along with its community area on the ground floor to conform with the building norms.
The apex court said that grant of such a relief is in the nature of a review of the judgement of this court and in various decisions.
“The underlying basis of the proposed modifications is that if the same are allowed, it would save crores of resources from going to waste inasmuch as the applicant has already put materials worth crores of rupees in the construction of the Towers T-16 (Apex) and T-17 (Ceyane),” the company has said, while clarifying that it was not seeking review of the top court's order.
But the bench of Justices DY Chandrachud and BV Nagarathna said that there is no substance in the application filed by Supertech Ltd and hence it is dismissed.
The order to demolish the towers in Noida's Sector 93A was given by a Supreme Court bench led by Justice Chandrachud-led bench on August 31. In its order, the top court had said that it was a result of “nefarious complicity” between Noida Authority and the real estate developer.
The court had also directed Supertech to refund money to all the existing home-buyers in Emerald Court’s Apex and Ceyane towers within two months, along with an interest of 12 per cent per annum from the date of their deposits.
Supertech later approached the Supreme Court to stop the demolition, saying that it has an alternative plan that could save several crores of rupees from going waste and also prove to be “beneficial for the environment”.
Two days after the Supreme Court gave the demolition order, the Uttar Pradesh government constituted a special investigation team (SIT), which found 26 officials of Noida Authority guilty in the case. Of these, 20 have retired, two are dead and four are still serving.
Based on SIT report, the state government suspended three officials on Sunday. It also directed that an FIR be lodged with the state vigilance commission against these officials, four directors and two architects of Supertech Limited.
The SIT said in its report that Supertech encroached a "green belt" which was part of the layout plan, measuring 7,000 square metres as "land plots", for which a departmental inquiry against Noida Authority officials is already in progress.
Residents of the housing project claimed their consent was not taken for the twin towers which were being built in violation of norms, and moved court.
The Allahabad high court had in 2014 ordered demolition of the twin towers - an order which the Supreme Court upheld this year.
