New Delhi [India], September 29 (ANI): Real estate developer Supertech has approached the Supreme Court seeking modification of its August 31 order by which it was directed to demolish two of its 40-storey towers at its Emerald Court housing project in Noida and proposed demolition of only one of the two towers.

New Delhi Sep 29 PTI Supertech Ltd has moved the Supreme Court seeking modification in its direction to raze the realty firms twin 40-storey towers in Noida saying it would partially demolish 224 flats of one tower along with its community area on the ground floor to conform with the building normsDue to the proximity of Tower-17 Ceyane with the other residential towers it cannot demolish the building by blowing through explosives and it would have to be done brick by brick Supertech saidThe underlying basis of the proposed modifications is that if the same are allowed it would save crores of resources from going to waste inasmuch as the applicant has already put materials worth crores of rupees in the construction of the Towers T-16 Apex and T-17 Ceyane it saidThe firm said it was not seeking review of August 31 orderIt said the construction of the towers has consumed steel and cement in huge quantities apart from various other materials including human labour amounting to several crores of rupees which shall be rendered to complete waste in the form of scrapThe proposed modification will also be beneficial for the environment inasmuch as the scrap will have no beneficial use except from disposal inasmuch as most of the debris from the demolition will have to be only dumped at landfill sites which are already overburdened The same will add to the existing environmental issues which are already being faced by the said landfill sites thus further increasing the existing carbon footprint it saidThe firm sought modification of directions given on August 31 by the top court in its verdict for part demolition of Tower-17 and a status quo with respect to twin towers at Emerald Court project in sector 93A of Noida Uttar Pradesh till final orders are passed on its applicationThe minimum distance between any part of T-1 and any part of T-17 after the partial demolition will be at least 16 metres Tower T-16 is any case at about a distance of 43 metres from T-1 it saidThe company further said that it would provide a landscape green area on the demolished portion of T-17 which would be larger than the garden in front of T-1 originally contemplated in the 2006 sanctioned planThe flat owners who opted to keep their apartments will be allotted apartments in the revised building T-17 it said adding that the finding rendered by the top court qua compliance of fire safety norms violations of Noida Building Regulations-2006 2010 and National Building Code 2005 will stand complied withSupertech said it has approached both architects and structural engineers who have suggested that a part of the T-17 towers which falls in front of T-1 224 flats and the community area at the ground floor can be demolished in a manner which will achieve the minimum of 16 metres and maximum of 40 metres between T-1 and T-17It is submitted that the proposed modification if allowed shall have the effect of complying with not only the statutory scheme but also the findings of this court In these circumstances it would be most equitable and just to protect such part of the buildings which do not violate the building norms it said adding that if a part of illegality can be severed so as to protect and preserve the legal part the same would be allowed in order balance all the competing equitiesThe company said that proposed modification shall cater to the requirements of the residents of T-1 as well as the Residents Welfare Association RWA inasmuch as the same will allow a larger landscape area in the plot part from complying the legal requirements of maintaining a minimum distance of 16 metres distance between the two towers at all the pointsOn August 31 the top court had ordered the demolition of Supertech Ltds twin 40-storey towers under construction within three months for violation of building norms in collusion with NOIDA officials holding that illegal construction has to be dealt with strictly to ensure compliance with the rule of lawThe Noida authority had received a rap on its knuckles as the top court pointed out multiple incidents of collusion of its officials with the Supertech Ltd in the Emerald Court project and violations of norms by the realty major in construction of the twin towersThe top court had directed that the entire amount of home buyers be refunded with 12 per cent interest from the time of the booking and the RWA of Emerald Court project be paid Rs 2 crore for the harassment caused due to the construction of the twin towers which would have blocked sunlight and fresh air to the existing residents of the housing project adjoining the national capitalThe top court noted that the two towers together have 915 apartments and 21 shopsAccording to Supertech data given to the court earlier of the 633 people who booked the flats initially 133 have moved out to other projects 248 have taken refunds and 252 home buyers still have bookings with the company in the project PTI MNL SA

New Delhi Aug 31 PTI The Supreme Court Tuesday pointed out multiple incidents of collusion of NOIDA officials with realty major Supertech Ltd and violations of norms by the builder in construction of twin 40-storey towers in its Emerald Court projectA bench of Justices D Y Chandrachud and MR Shah directed that the twin towers be demolished within three months and refund be made to all the existing home buyers with interest of 12 per centThe top court noted that the two towers Apex T-16 and Ceyane T-17 of Emerald Court Project of Supertech situated in sector 93A of NOIDA together have 915 apartments and 21 shops Of these 633 flats were booked initiallyOf the 633 people booking the flats initially 133 have moved out to other projects 248 have taken refunds and 252 home buyers still have bookings with the company in the projectThe 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 complicity of NOIDA has emerged in several instances including in the sanctioning of the second revised plan on November 26 2009 in clear breach of the Noida Building Regulations 2006 it saidThe refusal by NOIDA to disclose the building plans to the first respondent Residents Welfare Association in spite of a clear stipulation consistently in all the sanctioned plans that the plan would have to be displayed at the construction site of the appellant the bench saidIt said one of such instance of collusion includes NOIDAs referral of RWAs request to access the sanctioned plans to the builder to seek its consent and upon the refusal of the latter a continuous failure to disclose them to the residentsEven when the Chief Fire Officer CFO addressed a communication to NOIDA in regard to the violation of the minimum distance requirements in Emerald Court it evinced no response and no investigation from them the bench saidIt said that in pursuance of the second revised plan of September 26 2009 Supertech Ltd appeared to have built a foundation to support two buildings of forty and thirty-nine floors while the sanction for the extension from twenty-four to forty or thirty-nine floors came about only on March 2 2012 through the third revised planThe construction for T-16 and T-17 commenced in July 2009 by the appellant five months before the sanction was received for the second revised plan on November 26 2009 in spite of which NOIDA chose to take no action the bench saidIt said the Allahabad High Court has dealt with the collusion between the officials of NOIDA and the Supertech Ltd This 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 authorityThe top court said that NOIDA made no effort to ensure compliance of the UP Apartments Act 2010 as a result of which the rights of the flat purchasers have been brazenly violatedThis 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 it saidThe bench in its 140-page verdict said that once this Court has determined that the sanctioned plan for Apex and Ceyane T-16 and T-17 breached the Noida Building Regulations NBR 2006 2010 and National Building Code 2005 and other provisions it becomes its duty to take stock of the violations committed by the Supertech Ltd in collusion with NOIDA The appellant Supertech Ltd 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 appellant has stooped to the point of producing a fabricated sanctioned plan the bench said It said Therefore we confirm the directions of the High Court including the order of demolition and for sanctioning prosecution under Section 49 of the UPUD Act as incorporated by Section 12 of the UPIAD Act 1976 against the officials of the appellant and the officers of NOIDA for violations of the UPIAD Act 1976 and UP Apartments Act 2010 PTI MNL SA