New Delhi Aug 31 PTI Nefarious complicity of NOIDA with Supertech Ltd in violation of the law allowed the twin 40-storey towers in Emerald Court project which would have blocked the sunlight and fresh air for the residents the Supreme Court said on Tuesday while ordering that the structures built so far be demolishedIllegal construction has to be dealt with strictly to ensure compliance with the rule of law the apex court saidNOIDA made no effort to ensure compliance of the Uttar Pradesh Apartments Act 2010 as a result of which the rights of the flat purchasers have been brazenly violated it saidThis cannot point to any conclusion other than the collusion between NOIDA and the appellant to avoid complying with the provisions of the applicable statutes and regulations for monetary gain at the cost of the rights of the flat purchasers said a bench of Justices D Y Chandrachud and M R Shah upholding the Allahabad High Court verdictThe order passed by the High Court for the demolition of Apex and Ceyane T-16 and T-17 does not warrant interference and the direction for demolition issued by the High Court is affirmed it saidThe top court directed that the work of demolition shall be carried out within three months from the date of this judgmentThe record of this case is replete with instances which highlight the collusion between the officers of NOIDA with the appellant and its management The case has revealed a nefarious complicity of the planning authority in the violation by the developer of the provisions of law the bench saidThe high court has dealt with the collusion between the officials of NOIDA and the appellant Supertech Ltd it saidThis is writ large from the facts as they have emerged before this Court as well The High Court has in these circumstances correctly come to the conclusion that there was collusion between the developer and the planning authority the bench saidIt added that the rampant increase in unauthorized constructions across urban areas particularly in metropolitan cities where soaring values of land place a premium on dubious dealings has been noticed in several decisions of this CourtThis state of affairs has often come to pass in no small a measure because of the collusion between developers and planning authorities the bench said adding that from commencement to completion the process of construction by developers is regulated within the framework of lawIt pointed out that the regulatory framework encompasses all stages of construction including allocation of land sanctioning of the plan for construction regulation of the structural integrity of the structures under construction obtaining clearances from different departments fire garden sewage etc and the issuance of occupation and completion certificatesWhile the availability of housing stock especially in metropolitan cities is necessary to accommodate the constant influx of people it has to be balanced with two crucial considerations -- the protection of the environment and the well-being and safety of those who occupy these constructions it saidThe top court said the regulation of the entire process is intended to ensure that constructions which will have a severe negative environmental impact are not sanctionedHence when these regulations are brazenly violated by developers more often than not with the connivance of regulatory authorities it strikes at the very core of urban planning thereby directly resulting in an increased harm to the environment and a dilution of safety standards the bench said adding Hence illegal construction has to be dealt with strictly to ensure compliance with the rule of lawIt said that the judgments of this Court spanning the last four decades emphasize the duty of planning bodies while sanctioning building plans and enforcing building regulations and bye-laws to conform to the norms by which they are governedA breach by the planning authority of its obligation to ensure compliance with building regulations is actionable at the instance of residents whose rights are infringed by the violation of law it saidThe bench in its 140-page verdict said that their quality of life is directly affected by the failure of the planning authority to enforce compliance and lauded the efforts of home buyers in pursuing the litigation for their rightsUnfortunately the diverse and unseen group of flat buyers suffers the impact of the unholy nexus between builders and planners Their quality of life is affected the most Yet confronted with the economic might of developers and the might of legal authority wielded by planning bodies the few who raise their voices have to pursue a long and expensive battle for rights with little certainty of outcomes the bench saidIt said as this case demonstrates they are denied access to information and are victims of misinformation Hence the law must step in to protect their legitimate concernsThe top court said that the sanction given by NOIDA on November 26 2009 and March 2 2012 for the construction of T-16 Apex tower and T-17 Ceyane tower is violative of the minimum distance requirement under the Noida Building Regulations of 2006 2010 and National Building Code of 2005The appellant Supertech Ltd has raised false pleas and attempted to mislead this Court while the officials of NOIDA have not acted bona fide in the discharge of their duties the bench said PTI MNL SA

New Delhi Aug 30 PTI The Supreme Court is likely to pronounce its verdict on Tuesday on a plea of realty major Supertech Ltd against the order of Allahabad High Court directing the demolition of twin 40-storey towers in the Emerald Court project in Noida for violation of building normsThe top court will also pronounce its verdict on several other petitions moved by homebuyers for and against the April 11 2014 verdict of the high courtA bench headed by Justice DY Chandrachud is scheduled to pronounce the verdict on the batch of pleasOn August 4 the top court had reserved its verdict on the batch of pleas while reprimanding NOIDA authority saying it is reeking with corruption and had connived with the builder over not providing the sanctioned plan to the homebuyers of Supertechs Emerald Court projectIt had said that when the homebuyers asked for the plan the authority wrote to the developer on whether to share it and refused to give the plan to them at the developers behestThe top court had said that it was only after the high court expressly directed the NOIDA authority to give the plan that it did soRealty firm Supertech Ltd had defended the construction of twin towers and claimed no illegalityIt had said that Supertech had lost the case before the high court on two counts -- distance criteria and not taking consent of home buyers before constructing those towersIt had said the Emerald Court Owner Resident Welfare Association which has filed the case before the high court challenging the construction of the twin towers was not even in existence when the plan was sanctioned and construction had begunThe builder had said that out of 633 people booking the flats initially 133 have moved out to other projects 248 have taken refunds and 252 home buyers still had their bookings with the company in the projectThe homebuyers association has claimed that the huge twin towers constructed by the builder were not in the original plan shown to them at the time of booking and it has blocked their view fresh air and sunlightThe top court had earlier said that what Supertech Ltd has done is palpably wrong as the towers were constructed by encroaching upon the green common area of the housing societyOn other hand Supertech Ltd had told the top court that its Emerald Court owner Resident Welfare Association has been terrorising the builder by making unwarranted claims The two towers Apex and Ceyane of Emerald Court Project of Supertech together have 915 apartments and 21 shops Of these 633 flats were booked initiallyOn April 11 2014 the Allahabad High Court ordered the demolition of the two buildings within four months and the refund of money to apartment buyers PTI MNL MNL RT RT