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The Supreme Court on Tuesday upheld the Allahabad High Court order in the case of Supertech Emerald, directing demolition of two 40-storeyed buildings within three months for violation of several building norms along with fire safety norms and other building plans like the UP Apartments Act and the National Building Code 2005.
The bench of Justices D.Y. Chandrachud, M.R. Shah and Hima Kohli dictated the relevant part of the judgment in this case and observed that there is a visible collusion between the promoter/ builder of the Emerald Court and NOIDA.
It was also observed that in colluding, safety norms were violated and permission of existing RWA and flat owners of 15 towers (already existing) was not taken, as the two towers were well with the same project and not a new phase and their refusal was clearly noted.
The bench further directed that the cost of demolition shall be paid by Supertech and the same would be done under the guidance of Council Of Scientific And Industrial Research–Central Building Research Institute (CBRI), Roorkee and a refund of entire amount to those who are the owners of flats in these two towers along with interest of 12 percent be given. Supertech is also directed to pay an amount of Rs two crore to the Residential Welfare Association of Supertech Emerald.
The apex court observed,
“The protection of 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…There is an unholy nexus between the builder and the planners, few who raise voice against this they were denied access to information and thus, the law must step in to address the legitimate concerns.”
Read the order here.
Supertech-2