"Keep your house in order”: Supreme Court slams Supertech over non payment of money to home buyers for flats now to be demolished

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The Supreme Court on Wednesday asked Supertech Limited to return money to the home buyers for the payment made for the flats which have been directed by the apex court to be demolished.

A bench of Justice DY Chandrachud and Justice AS Bopanna said to the counsel appearing for Supertech to keep their office in order and not make deductions that have not been ordered by the Court.

The contempt has been filed by home buyers who paid for the flats on which Supreme Court judgment of August 31 directed demolition of the twin tower 40 storeys building of Supertech's Emerald Court project at Noida.

Homebuyers allege that Supertech called them saying that come and collect the money, however, after going there they say that we'll make the payment in installments and have made deductions which have not been indicated by this Court or suggested by the Amicus.

Justice Chandrachud told the counsel appearing for Supertech to make payments before Monday and keep their house in order. The bench has kept the matter for January 17, 2022.

Earlier, the Supreme Court had upheld a 2014 order of Allahabad High Court which had directed for the demolition of two 40-storey towers constructed by Supertech Group at Noida, Uttar Pradesh. 

"The work of demolition should be carried out within 3 months under the supervision of NOIDA officials and at the expense of Supertech Group," the bench led by Justice DY Chandrachud said while pronouncing the orders. The court also recorded collusion between the NOIDA Officials and the appellant group on several instances.

The petitioner before the Allahabad High Court was Emerald Court Owner Resident Welfare Association of Emerald Court Group Housing Society.

It was their contention that the construction proposed by the Supertech Group would lead to the restricted passage of air and light, thereby infringing Art. 21 of the residents at Emerald – and was further in violation of Building Regulatory Norms of 2005, Fire Safety Norms, UP Apartments Act, 2010.

Case Title: Supertech Ltd. Vs. Emerald Court Owner Resident Welfare Association and Other Connected Matters