‘Collusion between NOIDA and Builder’ SC Orders to Demolish illegal Twin Towers of Supertech

By Legal Wires 3 Minutes Read

The Supreme Court upheld an order of 2014 passed by Allabhad High Court directing the demolition of the 40 storey twin tower building of Emerald Court project of Supertech Builders in Noida.

Supertech Ltd v. Emerald Court Owner Resident Welfare Association and Ors

A Division Bench of Justice DY Chandrachud and Justice MR Shah ordered that the demolition of the twin tower should be completed within three months and the builders have to bear the cost for the same under the supervision of NOIDA officials.

The court ordered the Supertech should refund all amounts to the buyers of the apartments in twin towers within two months with 12% interest. The Court also directed the builder to pay a cost of Rupees 2 crores to the Resident Welfare Association.

The court said that the case is replete with instances of collusion between NOIDA and the builder and illegal construction of twin towers was achieved by such collusion. The sanction given by New Okhla Industrial Development Authority (NOIDA) in November 2009 for the twin towers was violative of minimum distance requirement and national building code.

The Bench observed “Illegal construction has to be dealt with strictly” Also concerned with the environment the bench added “The protection of the environment and well being of the people who occupy this has to be balanced with the need of increasing demand for urban housing”

Legal Wires

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