In connection with the Supertech Emerald Court project in Noida, the Supreme Court on Tuesday allowed a three months extension for completion of demolition work of the twin 40 storey towers in Noida.
A bench comprising Justice DY Chandrachud and Justice PS Narsimha has directed that the time for completion of work of demolition of the twin towers be extended to 28 August 2022.
The court was in February this year informed by the NOIDA Authority that on or before May 22, the twin towers would stand demolished.
The Court had on February 7 directed that the work of demolition of the twin 40-storeyed towers in Supertech's Emerald Court project in Noida shall commence no later than within a period of two weeks.
The Bench today observed that a status report has been submitted by NOIDA indicating that Edifice Engineering, responsible for carrying out demolition, carried out a test blast upon which it has redesigned the final blast design. The agency has further stated that it may not be possible to demolish the entire structure finally by 22 May and time would be required until Aug 2022.
The bench further noted that the Director of CBRI by a communication dated 11th May 2022 has also indicated that work of final demolition may be carried out by 28 Aug 2022.
'In view of expert opinion, time for completion of work of demolition be extended to 28 Aug 2022. A Status report be filed by NOIDA after convening meeting of all stakeholders on steps being taken.' the bench recorded
During the hearing today, Senior Advocate Ravindra Kumar appearing for NOIDA submitted that on 28th February the bench had directed NOIDA to place status report on record.
He submitted that NOIDA had given a time frame according to which the last date for demolition was 22nd May, a letter addressed to them by Supertech stated that 49% of the work is complete and requested that the blast date be deferred by three months to 22 august 2022.
He submitted that NOIDA refused to agree to the same but agreed to provide them with larger quantity of explosives as requested by them.
The Counsel appearing on behalf of the Interim resolution professional submitted that an application has been filed seeking extension considering request made by Edifice Engineering, further confirmed by two agencies including CBRI and Indian Demolition Association.
" The agency Edifice engineering appointed to conduct demolition conducted test blast on 10 April and realised that structure is heavier and stiffer than they had anticipated, so for safety measure they'll have to take additional measures, for that reason they have come to us. This request has further been confirmed by two agencies- CBRI and Indian Demolition Association. They feel reasons cited and more time sought are for valid reasons and time should be granted" the counsel said.
"Why does edifice require three months? They knew what they were doing. This is just an attempt to delay." Justice Chandrachud remarked
The counsel submitted that after conducting test blasts, they realised there's difference in what they had anticipated.
Advocate Gaurav Agarwal appearing as the Amicus Curiae supported the request and submitted that if there's requirement of extension by explosive experts, the court may consider granting them time.
In August last year, the Court had directed the demolition of the twin towers in Noida for violation of the building rules and had directed refunds to the purchasers.
The court had upheld Allahabad High Court's order directing the demolition of twin 40 storey towers in the Emerald Court project of Supertech Ltd in Noida for violation of building norms.
'The order passed by the High Court for the demolition of Apex and Ceyane (T-16 and T-17) does not warrant interference and the direction for demolition issued by the High Court is affirmed", the bench comprising Justices DY Chandrachud and MR Shah had observed
What Was The Allahabad High Court Order?
A division bench of Allahabad High Court comprising Justice VK Shukla and Justice Suneet Kumar on April 11, 2014 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 as 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