Supertech Twin Towers Demolition Started; Will Be Over May 22: NOIDA Authority Informs Supreme Court

The Court had on February 7 had 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. 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 was told by Senior Advocate Ravindra Kumar, for NOIDA, pursuant to the order of the Court of February 7, on 9 February, a meeting of all stakeholders was convened where it was decided that by 20th of February 2022, M/S Edifice (the firm chosen to carry out the demolition work) would mobilise the site with manpower, material and machine, and that it shall commence and complete all activities as per the plan approved by NOIDA. It was further submitted that on or before 22nd of May, the twin towers would be demolished, and that only in the event of unforeseen events, the dates can be changed, but that would be done after a receiving prior approval of the court. NOIDA further advanced that by 22nd of August, the entire debris would be removed from the site and the site will be completely cleared by M/S Edifice.

Mr. Kumar submitted, "I have placed the photographs to show that demolition work has started. I have fully complied with the directions of February 7."

Taking note of the above, the bench then proceeded to pass the following order- "A status report has been filed by Noida in compliance of the order of this court of 7 February 2022. Following the order, a joint meeting of all the stakeholders was convened on 9 February 2022. The decision taken in the meeting as well as the subsequent developments have been placed on the record. The court has been apprised of the fact that the demolition has commenced at the site. All concerned including Noida and Supertech as well as other authorities would strictly comply with the time schedule indicated in the status report for completion of the demolition."

The bench then listed the matter on May 17 for updated status report to be filed by NOIDA.

On February 7, the Court had 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 had on February 7 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", the bench had on February 7 ordered.

On Monday, the bench further noted that no grounds exist for modifying its February 4 order, where the Court 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; that 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 and the terms of settlement would not be disturbed.

On Monday, the bench directed, "The prayer for modification is hence refused. Mr Rishab Parikh, counsel for Supertech, states that the developer will duly abide by the previous directions of this court and ensure that all payments due under the subvention scheme are effected on or before 31 March 2022 and the balance if any is paid over to the flat purchaser."