The Supreme Court has upheld its earlier order to demolish two 40-storey towers of Supertech in the Emerald Court in Noida and dismissed the petition of the real estate company.
New Delhi : The Supreme Court has rejected the application of a realty company seeking modification of its earlier order to demolish two 40-storey towers in the Emerald Court of Supertech Limited in Noida. The company had said in this application that it will partially demolish 224 flats of a tower as per the building standards. Along with this, he also talked about demolishing the community area located on the ground floor of the tower.Also Read – Supreme Court said- When the court put a stay on agricultural laws, why are farmers protesting?
The top court said that granting such relief is tantamount to reconsidering the judgment of this court and various judgments. The Supreme Court emphasized that such applications for reconsideration cannot be granted in the name of ‘miscellaneous applications’ or clarifications. Also Read – West Bengal Post Poll Violence Case: CBI and SIT submit sealed report to High Court
A bench of Justices DY Chandrachud and BV Nagarathna observed that the application of Supertech Ltd has no merit and hence it is dismissed. The bench said, “The attempt with various applications is clearly seeking a detailed amendment in the judgment of the Court. Such an attempt in multiple applications cannot be allowed.” Also Read – Supreme Court’s notice to the Center, said- ‘Cannot leave flat buyers at the mercy of builders’
Supertech, in its petition, had said that due to the proximity of Tower-17 (Cayenne) to other residential towers, it cannot demolish the building by means of explosives and will have to be demolished gradually.
The company had said, “The underlying premise of the proposed amendments is that, if approved, resources worth crores of rupees will be avoided as they are involved in the construction of Tower T-16 (Apex) and Tower T-17 (Cyenne). I have already used material worth crores of rupees. The company had also said that it is not requesting a review of the August 31 order.
Supertech Ltd had appealed for amendment in the judgment delivered by the Supreme Court on August 31, in which a bench of Justice DY Chandrachud and Justice MR Shah held that no interference was required from the Allahabad High Court’s April 11, 2014 judgment. Is. The High Court had also directed to demolish these two towers in its decision.
The Supreme Court had said that the construction of two towers of 40 storeys containing 915 flats and shops of Supertech has been done in connivance with the Noida Authority and the view of the High Court was correct. The bench had said that the two towers should be demolished within three months under the supervision of the Noida Authority and expert agency and the entire cost will be borne by Supertech Limited.
The Supreme Court had also said in its order that the entire money of home buyers should be returned with 12 percent interest from the time of booking. Along with this, two crore rupees should be paid to the Residents Welfare Association for the trouble caused by the construction of two towers.