SC rejects Supertech plea to confine demolition to one tower

AI that prepares briefs and compliance checklists

The Supreme Court rejected a plea filed by Supertech Limited seeking modification of the apex court’s judgment which had directed for the demolition of the 40 storey twin tower building of Supertech’s Emerald Court project at Noida.

The Bench of Justice DY Chandrachud and Justice BV Nagarathna held the plea amounted to a review petition in the guise of a miscellaneous application.

“The judgment of this court had specifically affirmed the judgment of the Allahabad High Court for the demolition of towers T16 and T17. In essence what is sought is the retention of T16, the grant of such relief is in the nature of review petition,”  said the court.

Supertech Limited contended that the demolition of one of the towers, T17 will ensure compliance with minimum distance requirements from another tower, T1 and will also bring it in line with the national building code. T16 can be kept intact since it is already at a distance of 43 metres from T1 and is not illegal.

The developer further submitted that they will establish a green zone at the demolished site of T17 and allocate flats to all those in T16 who have still not withdrawn their allocations.

However, the Bench observed the plea as non-maintainable and dismissed it on this ground.