New Delhi | The Supreme Court on Monday dismissed Supertech Ltd’s plea seeking modification of the court’s direction to demolish its two 40-story towers in Noida. Justice D.Y. Chandrachud and B. V. Nagarathna noted that such relief is in the nature of the review of the judgment passed by the apex court. Simply put, the Supreme Court has made it clear that granting such relief amounts to reconsideration of the judgment and various judgments of this Court.
Supertech had approached the apex court seeking a direction to allow partial demolition of 224 flats in one tower along with its community area on the ground floor, as per building norms.
In fact, Supertech, in its petition, had said that it would partially demolish 224 flats of a tower as per the building standards, and also demolish the community area located on the ground floor of the tower.
The bench observed that there is no merit in this application of Supertech Ltd and hence it is dismissed. The court said that the attempt with various applications is clearly seeking a detailed amendment in the judgment of the court. Such an attempt cannot be allowed in multiple applications.
Supertech, in its petition, had said that since Tower-17 (Cayenne) is near other residential towers, they cannot demolish the building with explosives, so it has to be demolished gradually. The company had said that the underlying premise of the proposed amendments is that if it is approved, resources worth crores of rupees would be saved from being wasted, as they would be involved in the construction of Tower T-16 (Apex) and Tower T-17 (Cyenne). Already used material worth crores of rupees. The company had also said that it is not seeking a review of the August 31 order.
The bench briefly noted, what the applicant seeks is a direction for the demolition of T16 and T17 to be replaced by retaining T16 in its entirety and fragmenting a portion of T17.
In a major setback to real estate company Supertech, the court in its August 31 judgment had ordered the demolition of two 40-story towers built by the company in one of its housing projects in Noida.
In its August 31 judgment, the Supreme Court has ordered the demolition of Supertech twin towers in Noida and refunds to flat buyers, including officials of Noida and real estate company guilty under Section 49 of the Uttar Pradesh Urban Development (UPUD) Act. ordered to prosecute. The Supreme Court had said that the construction of these towers was the result of collusion between the officials of Noida Authority and Supertech.
In its 140-page judgment, the bench observed that the real estate firm made false submissions and attempted to mislead the court, while the Noida authorities did not act honestly in the discharge of their duties.
The top court, in its judgment, had said that the demolition work of the towers should be done within 3 months and the builder (Supertech) would bear the cost.