The Supreme Court on Monday junked an application by Supertech Ltd seeking modification in the court's direction to demolish its twin 40-storey towers in Noida.
A bench of Justices D.Y. Chandrachud and B.V. Nagarathna noted that grant of such a relief is in the nature of a review of the judgement passed by the top court, as it held that its judgment directing demolition of twin towers specifically affirmed the directions which were issued by the Allahabad High Court for the demolition of the towers - T 16 and T 17.
Supertech had moved the top court seeking direction to allow it to only partially demolish 224 flats of one tower, along with its community area on the ground floor, to conform with the building norms.
The bench noted in essence, what the applicant seeks is the direction for the demolition of T 16 and T 17 should be substituted by a retention of T 16 in its entirety and a slicing of a portion of T 17.
"Clearly, grant of such a relief is in the nature of a review of the judgement of this court," it said, holding that this application styled as miscellaneous applications or applications for clarifications in the guise for review cannot be countenanced.
The top court said that there is no substance in the application filed by Supertech Ltd, hence it is dismissed.
Supertech Ltd had contended that due to the proximity of Tower 17 (Ceyane) with the other residential towers in its Emerald Court project, the process of demolition by blowing through explosives cannot be carried out, and rather it would have to be done brick by brick. The real estate firm said the proposed modifications if allowed, it would save crores of resources from going to waste in the construction of towers T 16 (Apex) and T 17 (Ceyane).
In its August 31 judgment, the Supreme Court besides ordering demolition of Supertech twin towers in Noida and refund for the flat purchasers, ordered prosecution of errant NOIDA and real estate company officials under Section 49 of Uttar Pradesh Urban Development (UPUD) Act for their "nefarious complicity", which resulted in the construction of towers.
In its 140-page judgment, the bench noted the real estate firm raised false pleas and attempted to mislead the court, while the officials of NOIDA have not acted bona fide in the discharge of their duties. "The appellant (Supertech Ltd) has stooped to the point of producing a fabricated sanctioned plan," said judgment authored by Justice Chandrachud on the behalf of the bench.
The top court had said the demolition of towers should be carried out within 3 months and the builder will bear its cost.
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