Supertech Noida twin towers to be razed, Supreme Court cites builder-authority collusion

Satya Prakash

Tribune News Service

New Delhi, August 31

The Supreme Court on Tuesday ordered demolition of real estate major Supertech's 40-storey Emerald Court twin towers in Noida for violation of building laws and norms in collusion with Noida Authority officials.

A Bench of Justice DY Chandrachud and Justice MR Shah said the "safe demolition' has to be carried out by Supertech in three months at its own cost under the supervision of NOIDA Authority officials with the technical assistance of the Central Building Research Institute (CBRI).

The Bench also directed Supertech to refund the money collected from homebuyers who had purchased apartments in ill-fated twin towers in two months with an annual interest of 12 per cent. It also ordered the company to pay a cost of Rs 2 crores to the Resident Welfare Association which had filed a case against the illegal construction.

"Illegal construction has to be dealt with strictly", the Bench said, adding, the protection of environment and well being of the people who living there has to be balanced with the need of increasing demand for urban housing.

Pronouncing the verdict, Justice Chandrachud said consent of individuals as owners was necessary under the UP Apartment Act before the twin towers were constructed as the common area was reduced by adding new flats. However, with the collusion of authorities, the construction of twin towers was done illegally.

"The record of the case is replete with instances which show collusion of Noida Authority with the builder... Collusion is writ large in the case," it said.

The Allahabad High Court had in April 2014 directed the NOIDA Authority to demolish Towers 16 and 17 (Apex and Ceyane) situated on Plot 4, Sector 93A NOIDA in four months. It had also directed Supertech to bear the expenses of the demolition and removal of the debris, failing which it shall be recovered by NOIDA Authority as arrears of land revenue.

The high court had noted that the officials of the Supertech and the officers of the NOIDA Authority were liable to prosecution under the Uttar Pradesh Industrial Area Development Act, 1976 and Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010.

The HC had also directed Supertech to reimburse the homebuyers' money with 14 per cent interest compounded annually in four months.

However, on an appeal filed by Supertech, the Supreme Court Bench had earlier stayed the HC's order for demolition of the twin towers and ordered status quo. The top court had also restrained Supertech from selling flats in the two towers.

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