No relief to Supertech: Supreme Court dismisses plea, upholds order to demolish two towers of Emerald Court


Posted on 4th Oct 2021 02:42 pm by rohit kumar

The Supreme Court on Monday upheld a court order demolition of the 40-story Twin Towers-16 (Apex) and 17 (Syan) of the Emerald Court project located in Noida Express. The court has dismissed the amendment application filed by Supertech.

 

 

A bench headed by Justice DY Chandrachud refused to grant any relief to Supertech. At the beginning of the hearing, senior advocate Mukul Rohatgi, appearing for Supertech, was questioned that how is this petition maintainable? In response, Rohatgi said that he is talking about following the orders of the court. He is ready to demolish Tower No-17. Rohatgi said that by demolishing this tower, the distance between two towers and green area, etc. will be fulfilled. In response, the bench said that it has become the same thing that they are demanding compliance of the order, but the order should be according to your conditions.

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Rohatgi said that he is not saying that he does not want to follow the order, but he is demanding a balanced approach in this matter. On the other hand, senior advocate Jayant Bhushan, appearing for RWA, opposed Supertech's plea. An outline of possible changes in the project was presented by Supertech.

 

It is to be known that on August 31, a bench of Justice DY Chandrachud and Justice MR Shah had upheld the order passed by the Allahabad High Court which had ordered the demolition of both the towers. The Supreme Court had directed Supertech to demolish these two towers of the Emerald Court project within three months. The Supreme Court had also said that the demolition work would be under the supervision of the Noida authorities. Supertech will bear the cost of this head. The Supreme Court had asked the Central Building Research Institute (CBRI) to demolish the towers to ensure safe demolition.

 

Along with this, the Supreme Court had also directed Supertech to refund the amount with 12 percent per annum interest to the flat buyers of Twin Towers within two months. The court also directed the builder to pay Rs 2 crore as damages to the Emerald Court Owner Residents Welfare Association within a month.

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