The Supreme Court on Monday dismissed an application filed by Supertech Ltd, seeking modification of the realty firm’s direction to demolish the twin 40-storey towers in Noida and put it in a single area with its community area on the ground floor. The tower’s 224 flats were allowed to be partially demolished. with building norms.
The apex court said that grant of such relief is in the nature of review of the judgment and various judgments of this court.
It emphasized that applications as ‘miscellaneous applications’ or filing of applications for clarification for review cannot be insisted upon.
A Bench of Justice DY Chandrachud and Justice BV Nagarathna observed that the application filed by Supertech Ltd has no merit and hence it is dismissed.
“The attempt in the miscellaneous applications is expressly seeking significant modification of the judgment of this Court. Such attempt in the miscellaneous applications is not permissible,” the bench said.
Supertech Limited, in its application, has stated that due to the proximity of Tower-17 (Cayenne) to other residential towers in its Emerald Court project, it cannot demolish the building by means of explosives and will have to do it brick by brick. . .
“The underlying premise of the proposed amendments is that if allowed, it will save crores of resources from being wasted, as the applicant has already put in material worth crores of rupees in the construction of Towers T-16 (Apex). and T-17 (Cyenne),” the company clarified, saying it was not seeking a review of the August 31 order.
On August 31, the top court had ordered the demolition of the twin 40-storey towers of under-construction Supertech Ltd within three months for violation of building norms in “collusion” with the Noida authorities, which it said would ensure compliance. Illegal construction should be strictly dealt with. with the rule of law.
The apex court had got the Noida authority a rap on its knuckles by pointing to the connivance of its officials with Supertech Ltd in the Emerald Court project and several incidents of violation of norms by the realty major in the construction of the twin towers.
The top court had directed that the entire amount to the home buyers from the time of booking be refunded along with 12 per cent interest and Rs 2 crore be paid to the RWAs of the Emerald Court project for harassment caused due to the construction of the twin towers. Which would have blocked out the sunshine and fresh air for the existing residents of the housing project adjacent to the national capital.
The top court said that in total there are 915 apartments and 21 shops in both the towers.
(Except for the title, this story has not been edited by NB staff and is published from a syndicated feed.)