The Supreme Court on Monday dismissed a plea of real estate developer Supertech seeking modification of its August 31 order in which it directed to demolish two of its 40-storey towers at its Emerald Court housing project in Noida.
A Bench headed by Justice D.Y. Chandrachud declined Supertech’s proposal to demolish only one of the two towers. “The attempt in the plea is clear to seek amendment, the attempt is not permissible in miscellaneous application and there is no substance in the same,” the Bench said while dismissing Supertech’s application for modification of the order.
Asking the top court to stop the court-ordered demolition of the two 40-storey towers, Supertech has said that it has an alternative plan that could save several crores of rupees from going waste and also prove to be “beneficial for the environment”.
It has sought the stay in the August 31 order of the apex court and claimed that partial demolition of 224 flats of one of the two towers — from the ground floor to the 32nd floor along with the community area on the ground floor — will be sufficient to bring the structure in conformity with all the building norms.
If the court accepted the new proposal, it would abide by the fire safety and other municipal norms in a time-bound manner, added the Supertech. Due to the proximity of T-17 with the other towers, it cannot demolish the building by blowing through explosives and the same would have to be done brick by brick, the real estate developer, said in its application. A Bench headed by Justice DY Chandrachud had directed the demolition of two towers over grave violations of building norms. The apex court had said that it was a result of “nefarious complicity” between Noida Authority and the Supertech, and ordered that company shall carry out the demolition at its own expense within three months under the supervision of the Noida Authority and an expert body like the Central Building Research Institute. The order had come on a batch of petitions filed by homebuyers for and against the April 11, 2014 verdict of the Allahabad High Court, which had ordered the demolition of the two buildings within four months and the refund of money to apartment buyers.