In connection with the Supertech Emerald Court project in Noida, the Supreme Court, on Friday, acceded to the request made by the New Okhla Industrial Development Authority (NOIDA) seeking time till 28th August, 2022 and a 'bandwidth of 7 days' thereafter to carry out demolition of the twin 40-storied towers.
The Counsel appearing on behalf of NOIDA (Authority) stated that there would be a slight change in the demolition date. He stated that the Authority would seek an additional week beyond 28th August, 2022 in case of delay due to weather and other supervening conditions.
"There is a slight change in the date of demolition. One week I am seeking and also a bandwidth of one week in case of any change in weather or other local conditions."
He apprised the Bench that there is certain work prior to demolition that has to be completed by 25.08.2022.
A Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna accepted the request of the Authority, including the one to grant a 'bandwidth of 7 days', between 29.08.2022 to 04.09.2022 on account of delay that might be caused due to technical and weather conditions.
Pertinently, it was noted by the Bench that the Central Building Research Institute (CBRI), Roorkee entrusted to oversee the demolition, has also recommended that the work of demolition may be carried out by 28.08.2022.
Last year, in the month of August, the Apex Court had upheld an order passed by the Allahabad High Court directing the demolition of the twin towers in the Emerald Court project of Supertech Ltd. in Noida for violation of building norms. Thereafter, on 07.02.2022, it had directed that the demolition work shall commence no later than within a period of two weeks. On 28.02.2022, the Apex Court was apprised by NOIDA that the concerned towers would stand demolished by 22.05.2022. However, again, on 17.05.2022, the Authority had sought a three months' extension till August, 2022.
The Apex Court, on 31.08.2021, had upheld the order of demolition passed by the Allahabad High Court. The Division Bench of the High Court had directed the NOIDA Authority to demolish Towers 16 & 17 (Apex & Ceyane) situated on Plot 4, Sector 93A NOIDA within a period of four months from the date of filing of the certified copy. The High Court had also directed real estate firm Supertech to bear the expenses of the demolition and removal of the debris, failing which it shall be recovered by NOIDA Authority as arrears of land revenue.
It had also observed that the officials of the Supertech and the officers of the NOIDA Authority had exposed themselves for prosecution under the Uttar Pradesh Industrial Area Development Act, 1976 and Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010. The High Court had also said that sanction for prosecution was required under section 49 of the U.P. Urban Development Act, 1973, as incorporated by section 12 of the U.P. Industrial Area Development Act, 1976, would be approved by the Competent Authority within a period of three months from the date of filing the order's certified copy.
Directions to Supertech to reimburse the consideration received from the private parties, who have booked apartments in Apex & Ceyane (T 16 and 17) along with 14% interest compounded annually within four months from the date of filing of certified copy of this order were also issued by the division bench of the High Court.
[Case Title: Supertech Ltd v Emerald Court Owner Resident Welfare Association and Ors]