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The Supreme Court today 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 a 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 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.
Allahabad High Court by order dated Apr 11, 2014, directed:
(i) Demolition of Towers (T) - 16 and 17 by the third respondent, Okhla Industrial Development Authority, in Emerald Court situated on Plot No 4, Sector 93A, NOIDA;
(ii) Cost of demolition and removal to be borne by the appellant, failing which NOIDA shall recover it as arrears of land revenue;
(iii) Sanction for prosecution under Section 49 of the Uttar Pradesh Urban Development Act 1973, as incorporated by Section 12 of the Uttar Pradesh Industrial Area Development Act 1976, shall be granted for the prosecution of the officials of the appellant and the officers of NOIDA for possible violations of the UPIAD Act, 1976 and Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act 2010; and
(iv) Refund of amounts invested by purchasers who had booked apartments in T-16 and T-17, with interest at fourteen per cent, compounded annually.
[Full Judgment to Follow]
Case Title: Supertech Limited v. Emerald Court
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