New Delhi: 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 on the ground in a single area with its community area. The tower’s 224 flats were allowed to be partially demolished. Flooring as per 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 stressed that filing of applications as miscellaneous applications or applications for clarification under the guise of review cannot be accepted.
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 clearly seeking a substantive modification of the judgment of this Court. The bench said such attempt is not permissible in various applications.
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 (Cyane) The company has clarified that it is 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 connivance with the Noida authorities”, stating that to ensure compliance. Illegal construction will have to be dealt with strictly. 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.
According to Supertech data given to the court earlier, out of 633 people who booked flats initially, 133 have moved to other projects, 248 have taken refunds and 252 home buyers have still booked with the company in the project.