Start Demolition Work Of Supertech Twin Towers Within 2 Weeks : Supreme Court Directs NOIDA Authority

In August last year, the Supreme Court had upheld an order passed by the Allahabad High Court directing the demolition of the twin 40 storey towers in the Emerald Court project of Supertech Ltd. in Noida for violation of building norms.

On Monday, the bench of Justices D. Y. Chandrachud and Surya Kant heard Senior Advocates S. Ganesh (for Supertech), Jayant Bhushan (for the Residents Welfare Association), Ravindra Kumar (for Noida) and the AAG for the state of UP and Amicus Curiae Gaurav Agarwal.

The bench recorded that during the course of the hearing, the senior counsel appearing on behalf of Supertech stated that on 5 February 2022, an email was received from the Noida authority intimating that necessary NOCs have been received for facilitating the work of demolition. "The court has been apprised of the fact that on 6 February 2022, a cheque in the amount of Rs. 70 lakhs less TDS has been forwarded to the agency which has been earmarked for carrying out the work of demolition. The court has been assured that there is no impediment in the cheque being encashed and no conditions are being imposed for the cheque to be realised by the nominated agencies", noted the bench.

"In order to facilitate the final plan being chalked out for implementing the directions of this court and stipulating the date for commencement of work and its completion", the bench directed that the Chief Executive Officer of Noida shall convene a meeting within the course of the next 72 hours in which all the representative agencies shall be requested to remain present including the representatives of the Gas Authority of India Ltd. "The CEO, Noida shall take all necessary steps for observing the directions of this court and the work of demolition shall commence no later than within a period of two weeks from the date of this order", directed the bench.

The Supreme Court on Friday had directed that payment of the amounts of refund as computed by the Amicus Curiae shall be made to the home buyers on or before February 28. Where home loans are outstanding, the developer shall clear the home loans on or before March 31 and furnish NOCs from the concerned financial institutions to the home buyers no later than April 10; and in respect of those home buyers who have entered into settlement with the developer, the settlement shall govern the rights and obligations of the respective parties.