The Supreme Court on Tuesday upheld the Allahabad High Court’s verdict on April 11, 2021, that had ordered the demolition of two 40- storey twin towers; Tower Apex and Tower Ceyane in Uttar Pradesh’s Noida.
A judgement passed by the two-judge bench of the Apex Court headed by Justice D Y Chandrachud and comprising Justice M R Shah said that the construction was illegal and the result of collusion between Noida authority and the real estate company, Supertech.
The Supreme Court directed the real estate developer Supertech to refund the money of flat owners concerned with a 12 per cent rate of interest within two months.
“Within 2 months, all the amount invested by the allotted flat owners is to be refunded by the petitioner (Supertech),” the Apex Court said in its judgement today.
The protection of the environment and well being of the people who occupy this has to be balanced with the need of increasing demand for housing illegal construction has to be dealt with strictly, it said.
“There is an unholy nexus between the builder and the planner! few who raise voice against this they are denied access to information and thus law must step in to address the legitimate concerns,” the judgement said.
The sanction is given by Noida in November 2009 and thereafter for the twin towers is violative of the minimum distance requirement and national building code, the judgement further said.
The Top Court in its judgement observed that the construction of the twin towers containing around 1,000 flats was done in violation of the rules and must be razed within a period of two months by Supertech at its own cost and added that the demolition process has to be completed within three months.
The Supreme Court also in its judgement said that there is a collusion between Noida authority and the real estate company, Supertech, while allowing construction of two additional towers in one of its Noida projects.
The Apex Court was hearing the appeal filed by the Supertech company against the demolition order of the Allahabad High Court of April 11, 2014
The Allahabad High Court had on April 11, 2014, had passed the judgement and directed ordering the demolition of two 40-storey twin towers– Apex and Ceyane — in Uttar Pradesh’s Noida.
“The constructions of twin towers in Emerald Court was illegal and was a result of the collusion between the officials of the Noida authority and Supertech,” the Apex Court said in its judgement today.
The Supreme Court in its judgement said that to summarise our finding, the suggestion that Tower 16 and 17 are part of the same building is an afterthought. Constructing Tower 16 and Tower 17 is violative of the fire safety norms.
“Consent of flat owners was not taken due to the modification plan. Since they necessarily reduced the undivided interest by reducing the common area,” the judgement said.
“The order passed by the Allahabad High Court’s for demolition of Tower 16 and 17 does not warrant interference and work of demolition will be carried within 3 months from this judgement and the cost will be borne by the petitioner (Supertech),” the Supreme Court said in its judgement today.
The Apex Court also made it clear in its judgement that the work of demolition shall be carried out by the CBRI (Central Building Research Institute). In case CBRI refuses, a new authority will be appointed.
