STRINGENTLY upholding the right of the existing residents of a group housing society built by Supertech in Noida, the Supreme Court has ordered that the two towers constructed later in violation of the original plan and without consulting the residents be demolished. Eating into the common and green areas promised initially, the greedy builder colluded with the Noida authorities to ensure an illegal revision in the plan. As the two 40-storeyed towers came up, horrified members of the residents welfare association felt their space, view, sun and sky diminish. Credit goes to them for not taking the towering transgression standing. They crushed all attempts by the moneyed might of the builder-authorities unholy nexus to stonewall their right. While these residents have been awarded Rs 2 crore — to be paid by the convicted Supertech for the inconvenience they suffered — the buyers of the flats that are to be razed will be returned their money along with interest.
However, as the SC has pointed out the nefarious builder-authorities complicity, justice demands that those responsible for allowing the illegal towers also face the axe. An exemplary punishment to the guilty officials is needed to send a strong warning message to the corruption-ridden real estate sector. Most victimised consumers, even if aware of their rights and rampant wrongdoings, are unfortunately, too weak to fight. But this hard-fought legal victory of the RWA comes as a beacon for the umpteen victims of fraud by builders, as is evident from the courts being clogged with cases that reek of dubious dealings indulged in by conniving developers. It is also heartening to note that the Uttar Pradesh Chief Minister Yogi Adityanath has asked the Noida authorities to initiate an inquiry and take strict action against the officials involved in the revision of the original plan.
Incidentally, this verdict also promises to be a test case for another foolproof precedent: how to best demolish a built-up, tall structure in a bustling neighbourhood with least hazard to the residents from pollution. The January 2020 razing of towers in Kerala shows some way, but not all, as they stood along the backwaters.
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