New Delhi: The Supreme Court directed demolition of twin 40-storey towers of Supertech's Emerald Court project in Noida for violation of building by-laws on Tuesday.
The apex court directed that the entire amount of home buyers be refunded with 12 per cent interest from the time of the booking and the Residents Welfare Association be paid Rs 2 crore for the harassment caused due to the construction of the twin towers.
A bench of Justices D Y Chandrachud and M R Shah said that April 11, 2014 verdict of the Allahabad high court, which directed demolition of twin towers, does not deserve any interference.
The top court emphasized that there has been rampant increase in unauthorised constructions in urban areas, which resulted from collusion between the developers and urban planning authorities and added that such violation of rules should be dealt with in a strict manner.
A bench headed by justice D.Y. Chandrachud said there was collusion between Noida authority and real estate company, while allowing construction of the two towers. The bench said that Noida authority permission to Supertech to construct two additional 40-floor towers was in violation of the rules and directed that demolition should be carried out within 3 months.
Apex court ruling
The top court directed Supertech to refund all amounts to the buyers of the apartments in twin towers within two months with interest with 12 per cent per annum. The top court also directed the builder to pay a cost of Rs 2 crore to the Resident Welfare Association.
Earlier, this month the top court had slammed the Noida Authority for its "shocking exercise of power" in sanctioning two residential towers of real estate developer Supertech in a green area. The top court also pointed out that the authority blocked right to information requests from homebuyers about the building plans.
The top court had told the Noida Authority, "From the way you are arguing it appears that you are the promoter. You cannot be fighting against the homebuyers".
The top court had further added that as a public authority, it has to take a neutral stand, but its conduct reeks of corruption from the eyes, ears and nose.
The top court verdict came on appeals by Supertech and Noida authority challenging the Allahabad High Court verdict on April 11, 2014, to demolish two towers, Apex and Ceyane, constructed, which was part of Supertech's Emerald Court project.
Earlier, the Supreme Court had ordered its registry to disburse the principal amount of 26 home buyers who had booked flats in a Supertech project at Noida. The bench had considered the report of advocate Gaurav Agarawal, who is assisting it as an amicus curiae, which said that out of several home buyers of Supertech’s twin Emerald Towers, 26 have not received any refund.
