Tuesday, 19 October 2021

Tower by Supertech to be demolished -SC order

Tower by Supertech to be demolished -SC order

Twin 40-floor towers in Noida UP - which real estate firm Supertech built to house over 900 flats and - will be demolishing over the violation of laws by construction, the SC said Tuesday, as it upholds an April 2014 decision by the High Court of Allahabad.

Two member bench of Justices DY Chandrachud and MR Shah slammed the towers' illegal construction, which they ruled was achieving by cooperation and an "unholy nexus" between builders and the Noida (New Okhla Industrial Development Area) authorities.

The court ruled.

People who bought homes in the projects must be refunded within two months, and the cost of demolition, which must be taking place within three months, is to be collected by Supertech builder,

Justice Chandrachud said.

"There are repeated instances of plotting between developers and authorities complicity from authorities of Noida. refusal of authorities breach of building plans, to share building plans with residents and violation of building rules The High Court dealt with the issues and, correctly, concluded plotting between developers and authorities,"

The court also criticized the "rampant increase in unauthorised constructions" and stressed that protection of the environment and safety of residents had to consider all times at all.

Tower by Supertech to be demolished SC order 1unsplash image

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The court pointed out.

"This construction weaken safety standards and illegalities have to be deal with strict action. The sanction given by authorities of Noida is violative of building rules... going against minimum distances requirements between two towers... fire safety norms have also been violated... garden area was to violated while constructing the towers,"

Supertech builder defended its construction by demanding there was nothing illegal in the tower. Another argument made by Vikas Singh, the lawyer representing the company, was that the resident's welfare association that filed the case was not there when construction was starting.

He said.

"We followed the minimum distance criteria rules, followed by fire safety rules and all other parameter. There was no illegal construction as suggested by home buyers,"

In the last hearing on these matters earlier this month, a top court came down hard on authorities of Noida for failing to provide copies of the sanctioned plan, as requested by home buyers.

"You (the authority) are reeking with corruption right from your eyes and nose," the court said, adding, "This is a shocking exercise of power. You are not only in league with the Supertech."

"When home buyers asked for a sanctioned plan, you wrote to Supertech (asking if) you should give the document... It was only after Allahabad High Court expressly directed you to give that you had given them," the court said.

The court also demanded to know why and how the Noida authorities, in their "eternal wisdom," permitted large construction projects such as this is a designated 'green area.'

The two towers - Apex and Ceyane - of Supertech's Emerald Court Project - have 915 apartments and 21 shops. Of these, initially, 633 flats were booking.

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