New Delhi: The Supreme Court on Monday refused to modify its direction to demolish two 40-storey towers in Noida for violating norms. It rejected an application by Supertech Ltd seeking to save one tower and partially demolish 224 units in the other so that the building conforms to the bye-laws.
The top court said that such relief is tantamount to reviewing the decisions of this court and such attempt is not permissible in a miscellaneous application filed by the realty firm.
A bench of Justices DY Chandrachud and BV Nagarathna observed that the August 31 judgment of this court specifically confirmed the direction issued by the Division Bench of Allahabad High Court for demolition of T-16 and T-17 of Emerald Court project. is of. which is evident from the final findings contained in the judgment.
“In short, what the applicant wants is that the direction of demolition of the T-16 and T-17 should be replaced by retaining the T-16 as a whole and cutting off a portion of the T-17. Clear Invariably, such grant of relief is in the nature of review of the judgment of this Court,” the bench said in its order.
The top court said that in successive judgments, this court has held that filing an application as ‘miscellaneous application’ or under the guise of clarification for review cannot be filed.
“The attempt in the miscellaneous application is clearly seeking a significant modification of the judgment of this court. Such an attempt is not permissible in the miscellaneous application,” the bench said. Miscellaneous application, which is accordingly dismissed.”