The Supreme Court on Monday refused to take back or modify its order by which it directed Supertech to demolish two 40-storey towers in one of its housing projects in Noida and dismissed the plea of real estate company. Supertech had filed a plea in court proposing the demolition of only one of the two towers.
The apex court said that grant of such a relief is in the nature of a review of the judgement of this court and in various decisions. The filing of applications styled as ‘miscellaneous applications’ or applications for clarifications in the guise for review cannot be countenanced, it emphasised.
The bench of Justices D. Y. Chandrachud and B. V. Nagarathna recorded that senior Advocate Mukul Rohatgi, for the applicant, submits that (1) the application of the applicant does not seek a review of the judgment of this court but seeks to implement the judgment, 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.
But the bench of Justices DY Chandrachud and BV Nagarathna said that there is no substance in the application filed by Supertech Ltd and hence it is dismissed.
The order to demolish the towers in Noida’s Sector 93A was given by a Supreme Court bench led by Justice Chandrachud-led bench on August 31. In its order, the top court had said that it was a result of “nefarious complicity” between Noida Authority and the real estate developer.
The court had also directed Supertech to refund money to all the existing home-buyers in Emerald Court’s Apex and Ceyane towers within two months, along with an interest of 12 per cent per annum from the date of their deposits.
Supertech later approached the Supreme Court to stop the demolition, saying that it has an alternative plan that could save several crores of rupees from going waste and also prove to be “beneficial for the environment”.
Two days after the Supreme Court gave the demolition order, the Uttar Pradesh government constituted a special investigation team (SIT), which found 26 officials of Noida Authority guilty in the case. Of these, 20 have retired, two are dead and four are still serving.
Based on SIT report, the state government suspended three officials on Sunday. It also directed that an FIR be lodged with the state vigilance commission against these officials, four directors and two architects of Supertech Limited.
The SIT said in its report that Supertech encroached a “green belt” which was part of the layout plan, measuring 7,000 square metres as “land plots”, for which a departmental inquiry against Noida Authority officials is already in progress.
Residents of the housing project claimed their consent was not taken for the twin towers which were being built in violation of norms, and moved court.
The Allahabad high court had in 2014 ordered demolition of the twin towers – an order which the Supreme Court upheld this year.