Supreme Court Imposes Rs 5 Lakh Cost On Petitioner Seeking Stalling Of Supertech Twin Tower Demolition

The Supreme Court, on Monday, imposed cost of INR 5 lakh on the petitioner who approached it by way of a PIL seeking alternative direction other than demolition of the Supertech Twin Towers.

On 31.08.2021, by a detailed judgment the Apex Court had directed the demolition of the illegal twin towers situated in Section 93A NOIDA, on the ground of serious violation of building regulations.

While hearing the PIL, a Bench comprising of Justices D.Y. Chandrachud and Sudhanshu Dhulia noted that no petition under Article 32 of the Constitution of India can be entertained once the judgment dated 31.08.2021 had attained finality.

Justice Chandrachud deprecated the petitioner for exercising right under Article 32 to seek directions contrary to the decision of the Apex Court.

The cost imposed was directed to be deposited with the Supreme Court Bar Association so that the same can be utilised for the welfare of the Covid affected families of the SCBA members.

Background

The Apex Court, on 31.08.2021, had upheld the order of demolition passed by the Allahabad High Court. The Division Bench of the High Court had directed the NOIDA Authority to demolish Towers 16 & 17 (Apex & Ceyane) situated on Plot 4, Sector 93A NOIDA within a period of four months from the date of filing of the certified copy. The High Court had also directed real estate firm Supertech to bear the expenses of the demolition and removal of the debris, failing which it shall be recovered by NOIDA Authority as arrears of land revenue.

It had also observed that the officials of the Supertech and the officers of the NOIDA Authority had exposed themselves for prosecution under the Uttar Pradesh Industrial Area Development Act, 1976 and Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010. The High Court had also said that sanction for prosecution as required under section 49 of the U.P. Urban Development Act, 1973, as incorporated by section 12 of the U.P. Industrial Area Development Act, 1976, would be approved by the Competent Authority within a period of three months from the date of filing the order's certified copy.

Directions to SuperTech to reimburse the consideration received from the private parties, who have booked apartments in Apex & Ceyane (T 16 and 17) along with 14% interest compounded annually within four months from the date of filing of certified copy of this order were also issued by the division bench of the High Court.