The Supreme Court on Monday dismissed a Miscellaneous Application filed by Supertech Ltd, seeking modification of its August 31 judgment, which had ordered demolition of its two 40-storeyed towers at one of its housing projects in Noida within three months for violation of Noida Building Regulations, UP 1975 Act, UP Apartments Act 2010 and Fire safety norms.
Senior Advocate Mukul Rohatgi, appearing for the builders, prayed for modification in the Apex Court order, retaining one of the twin towers of Emerald Court project, which were directed to be demolished by the top court of the country on August 31, upholding the Allahabad High Court order on the case.
A Bench comprising Justice D.Y. Chandrachud and Justice B.V. Nagarathna observed that there is no substance in the miscellaneous application, therefore, the same is dismissed.
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Senior Advocate Mukul Rohatgi had submitted:
(1) the application of the applicant does not seek a review of the judgment of this court, but implementation of the verdict, which is the reason for filing an application for modification
(2) the basis of the judgment of this court is that the minimum distance required under the building regulations has not been complied with and there is a violation of the green area
(3) the applicant would seek to meet the grounds, which have been set out in the judgment of this Court by slicing a portion of T 17 while retaining T 16 so as to ensure compliance with the minimum distance requirements and green area.