Supertech: Supreme Court Rejets Plea For Modifying Its Order To Demolish Two 40 Story Buildings In Noida

The Supreme Court on Monday dismissed a Miscellaneous Application at the instance of Supertech seeking modification of the August 31 judgment of the court by which it upheld an order passed by the Allahabad High Court directing the demolition of twin 40 storey towers in the Emerald Court project of Supertech Ltd. in Noida for violation of building norms.

The modification application sought to retain one of the twin towers directed to be demolished.

The bench of Justices D. Y. Chandrachud and B. V. Nagarathna recorded that senior Advocate Mukul Rohatgi, for the applicant, submits that (1) the application of the applicant does not seek a review of the judgment of this court but seeks to implement the judgment, which is the reason for filing an application for modification; (2) the basis of the judgment of this court is that the minimum distance required under the building regulations has not been complied with and there is a violation of the green area; (3) the applicant would seek to meet the grounds which have been set out in the judgment of this Court by slicing a portion of T 17 while retaining T 16 so as to ensure compliance with the minimum distance requirements and green area.

"Mr Rohatgi submitted that the proposal may be examined by the planning authority, if the court so direct", noted the bench.

Continuing, it recorded, "Mr Jayant Bhushan for the respondent–petitioners has raised a preliminary objection to the maintainability of such a miscellaneous application based on the earlier decisions of this court. Apart from this, it has been submitted on behalf of the 1st respondent that the miscellaneous application proceeds on the misconceived basis that the only two objections which were noticed in the judgment of this court to the legality of the two structures are as submitted on behalf of the applicant. In addition to the violation to the distance requirement and the green area, it has been urged that this court as a matter of fact has adverted to various other violations including the non-compliance of the provisions of the 2010 UP Apartments Act and a reduction of the undivided interest of the flat purchasers in the common area. On the non-compliance with the provisions of the 2010 Act, Mr Bhushan placed reliance on the following findings contained in the judgement- (…)"

Finally, the bench observed that the judgment of the Court of August 31 has specifically affirmed the directions which were issued by the division bench of the Allahabad High Court for the demolition of T 16 and T 17, and that it is evident from the ultimate conclusions contained in paragraph 186 of the judgment.

"In essence, what the applicant seeks is that the direction for the demolition of T 16 and T 17 should be substituted by a retention of T 16 in its entirety and a slicing of a portion of T 17. Clearly, a grant of such a relief is in the nature of a review of the judgement of this court. In successive decisions, this court has held that a filing of applications styled as 'miscellaneous applications' or 'applications for clarification' in the guise of a review is not be countenanced. More recently, Justice L.Nageswara Rao speaking for a two judge bench in Rashid Khan Pathan's case has reiterated this view. The attempt in the miscellaneous application is clearly to seek a substantive modification of the judgement of this court. Such an attempt is not permissible in a miscellaneous application. While Mr Rohatgi has relied upon the provisions of Order 55 Rule 6 of the Supreme Court rules, what is contemplated therein is the saving of the inherent powers of the court to make such orders as may be necessary for the ends of justice to prevent an abuse of the process of the court. Order 55 Rule 6 cannot be invited to bypass the provisions for review in Order 47 of the Supreme Court Rules, 2013. For the above reasons, there is no substance in the miscellaneous application. It is accordingly dismissed", directed the bench.

'Collusion Between NOIDA Officers & Builders': Supreme Court Directs Demolition Of Illegal Twin Towers Of Supertech Within 3 Months

Case Title : Supertech Ltd v. Emerald Court Owner Resident Welfare Association| MA 1572/2021 in C.A. No. 5041/2021