Twin towers of Supertech
The apex court's two-judge bench of Justice DY Chandrachud and Justice MR Shah, which had previously chastised the Noida Authority for its "shocking use of power" in sanctioning the structures, concluded in its final judgement that their construction was the result of "collusion" between Authority officials and Supertech.The Supreme Court on Tuesday maintained an Allahabad high court decision from 2014 ordering the demolition of twin towers in the group's Noida-based housing project Emerald Court, dealing a blow to real estate giant Supertech.
The top court stated in its decision that the building of the two towers, which total 1000 flats, was done illegally.The bench reserved its decision on the demolition of the Apex and Ceyane towers during the most recent hearing, which took place on August 5.In its final judgement, the Supreme Court stated that the demolition must be completed within two months, and that Supertech will be responsible for all costs associated with the project. In addition, each flat owner will be entitled to a reimbursement with a 12-percentage-point interest rate.
The court ruled that the breach occurred within the minimum distance requirement between Apex and Ceyane.The Allahabad high court ordered Apex and Ceyane to be demolished on April 11, 2014, citing the fact that they were too close to each other. The high court pointed out that the minimum distance required by the Noida Building Regulations, 2010, was 16 metres. Supertech also failed to obtain the consent of homebuyers, as required under the Uttar Pradesh Apartment Owners Act, 2010.Noida Authority and Supertech challenged the demolition order at the Supreme Court.The Supreme Court rebuked the Noida Authority on Wednesday for its "shocking exercise of power" in authorising two residential towers for real estate developer Supertech on a green space, then restricting purchasers' right to information queries about the plans.
Source: Hindustan Times
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