Uttar Pradesh: Yogi Adityanath, the chief minister of Uttar Pradesh, has taken tough measures against errant officials over the construction of twin towers at Supertech Emerald Court in Noida. The order came a day after the Supreme Court ordered the demolition of Supertech Ltd’s twin 40-storey towers under construction in NOIDA in Uttar Pradesh within three months for alleged violations of building codes in collusion with district officials.
In order to ensure compliance with the law, the top court said illegal construction must be dealt with strictly. Several instances of collusion between NOIDA officials and Supertech Ltd in the Emerald Court project and violations of norms by the realty major in the construction of the twin towers were pointed out by the top court.
‘The case revealed a nefarious complicity of the planning authority in the developer’s violation of the law,’ the top court said. Furthermore, the top court ordered that homebuyers be refunded in full with 12 percent interest from the time of booking, and Rs 2 crore should be offered to the Emerald Court Residents Welfare Association (RWA) for harassment caused by the twin towers being built, which would have blocked sunlight and fresh air for residents of the sector 93A housing project in NOIDA adjacent to the national capital.
“In its 140-page verdict, upholding the April 11, 2014 demolition order of the Allahabad High Court, a bench of Justices DY Chandrachud and M R Shah found evidence of collusion between officers of NOIDA and the appellant and its management. Moreover, the top court affirmed the order of the High Court for sanctioning prosecution under the Uttar Pradesh Urban Development Act and the Industrial Area Development Act, against the officials of Supertech Ltd and the officers of NOIDA for violations of the laws.
‘No interference is warranted by the High Court’s order for the demolition of Apex and Ceyane (T-16 and T-17), and the demolition order issued by the High Court is affirmed,’ the court ruled. According to the top court, the two towers contain 915 apartments and 21 shops. Out of the 633 people who had booked the apartments initially, 133 have left for other projects, 248 have received refunds, and 252 still have bookings with the company. Despite being a nine-year-old legal battle, the court order approved the demolition of the twin towers within three months under the supervision of the New Okhla Industrial Development Authority (NOIDA) and an independent expert and the cost of the entire exercise must be covered by Supertech Limited.
Residents whose rights are violated by a planning authority violating building regulations are subject to lawsuits at their instance. The court defined a breach of that obligation as actionable. Managing Director Mohit Arora said Supertech would file a review petition with the Supreme Court, while the Noida authority said it would ensure full compliance with the Supreme Court’s demolition order. NOIDA’s Chief Executive Officer (CEO), Ritu Maheshwari, said the authority will also take action against department officials who are found to have violated rules in the Supertech case. A senior IAS officer, who joined the Noida Authority as its CEO in July 2019, said the violations occurred between 2004 and 2012.
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In its ruling, the top court pointed out that the Noida authority failed to ensure compliance with the UP Apartments Act 2010, resulting in a ‘blatant violation’ of flat purchasers’ rights. The RWA had first taken its battle against the builder to the Allahabad High Court, which had ordered the demolition of the twin towers on April 11, 2014, while protecting the rights of the residents. Following a month, the builder approached the top court for permission to demolish and create third-party rights. The residents of the project said the apex court stood by its decision and that the outcome strengthened their faith in it.
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