The Supreme Court has directed that status quo be maintained on real estate developer Supertech's two under-construction 40-floor towers, in the Emerald Court project in Noida, which face demolition following an Allahabad High Court order.
A bench led by Justice RM Lodha on Monday agreed to examine Supertech's plea against the high court order while ordering the developer not to sell or transfer flats in the Apex and Ceyane towers. It said it would examine whether the builder was right in proposing to construct the 40-storey towers despite the original 2005 sanction plan permitting far less.
The court also indicated that it may hold Noida Authority responsible for the "mess" and ask it to cover the "costs". "If the two towers are to be demolished the entire costs of construction must be borne by you," Justice Lodha said. "If you either colluded, conspired and violated the rules and sanctioned the plans.... If the authority did some hanky panky, it must pay for the mess."
The bench also issued notices returnable in 10 weeks to the Noida Authority and the Emerald Court Owner Resident Welfare Association seeking their views on Supertech's plea to stop demolition of the towers, which it claims were constructed as per plan. The bench indicated that the high court may not have been entirely correct in directing the demolition.
"Why the entire towers? Ground plus eight (as originally sanctioned) can't be opposed," Justice Lodha said.
The original allottees of the other towers in the project have questioned the developer's plan to create an additional 900 flats in Tower 16 and 17, as opposed to 600-odd flats in the first 15 towers, saying it would increase pressure on civic amenities and deny them green space. The Allahabad High Court had on April 11 ordered demolition of the two towers on the grounds that the minimum distance for fire safety was not maintained between the buildings.
It had also directed refund of the consideration received from flat buyers with 14% interest compounded annually. It also ordered prosecution of Noida Authority officials and Supertech executives for allowing and carrying out "illegal" construction.
Senior advocate for Supertech, Mukul Rohatgi, who was assisted by lawyer R Chandrachud, claimed that though the original plan sanctioned only ground plus eight floors, creation of additional floors was cleared by the Authority on March 2, 2012 as per the revised FAR rules.
Lets see the finality and outcome of this judgement in the subject case which will definitely decide the fate of all illegal and violations done by other builders in various other projects in Delhi NCR and on pan India.
Rgds
On Behalf of CROMA -Legal Committee"
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