SC upholds Allahabad HC order; directs Supertech to demolish twin 40 storey towers in Noida within 3 months

The Supreme Court on Tuesday upheld an order passed by the Allahabad High Court directing the demolition of twin 40 storey towers in the Emerald Court project of Supertech Builders in Noida for violation of building norms.

SC said the work of demolition should be carried out by the appellant Supertech within a period of three months at its own cost under the supervision of NOIDA authority officials. The demolition shall be overlooked by the Central Building Research Institute(CBRI) to ensure safe demolition. Supertech should refund all amounts to the buyers of the twin towers within two months with interest with 12% per annum. The Court also directed the builder to pay a cost of Rs 2 crores to the Resident Welfare Association.

The bench of Justices DY Chandrachud and MR Shah observed that there was collusion between NOIDA officers and the builders in facilitating the construction in violation of norms and the complicity of the NOIDA authorities was "writ large" in the present case, as per a Live Law report.

"The record of the case is replete with instances which shows collusion of Noida authority with the builder...Collusion is writ large in the case. High Court has correctly observed this collusion aspect", Justice Chandrachud read out the excerpts from the judgment.

"Illegal construction has to be dealt with strictly", the bench observed in the judgment. The judgment also has observations regarding the need to preserve environment amid the rising needs for urban housing.

"The protection of environment and well being of the people who occupy this has to be balanced with the need of increasing demand for urban housing", the bench stated.

The Supreme Court Bench comprising the then Chief Justice RM Lodha, Justices Madan Lokur and Kurian Joseph had stayed the demolition of two buildings of the developer in Noida. It had directed for maintaining the status quo and had restricted Supertech from selling or transferring any flat in these two towers.

A division bench of Allahabad High Court comprising Justice VK Shukla and Justice Suneet Kumar on April 11, 2014 had directed the NOIDA Authority to demolish Towers 16 & 17 (Apex & Ceyane) situated on Plot 4, Sector 93A NOIDA within a period of four months from the date of filing of the certified copy. The High Court had also directed real estate firm 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.

It had also observed that the officials of the Supertech and the officers of the NOIDA Authority had exposed themselves for prosecution under the Uttar Pradesh Industrial Area Development Act, 1976 and Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010.

The High Court had also said that sanction for prosecution as required under section 49 of the U.P. Urban Development Act, 1973, as incorporated by section 12 of the U.P. Industrial Area Development Act, 1976, would be approved by the Competent Authority within a period of three months from the date of filing the order's certified copy.