SC asks Supertech to refund payments to the home buyers
Coming down heavily on the errant builder R K Arora, The Supreme Court on Monday directed real estate major Supertech Ltd to execute a contract within a week with a company to demolish its twin 40-storey towers in its Emerald Court project in Noida. The NOIDA authority informed the bench that it has finalized the company Edifice Engineering for demolishing the twin towers in consultation with the Central Building Research Institute (CBRI) Roorkee. The apex court also directed controversial builder Arora controlled Supertech Ltd to make the refund payments to the home buyers without prejudice to their rights and contentions.
A bench of Justices D Y Chandrachud and Surya Kant told senior advocate Parag Tripathi, appearing for Supertech Ltd., “The contract (with a demolishing agency) shall be executed no later within a period of one week from today.” In August 2021, the apex court had ordered the demolition of the illegal huge twin 40-storey tower of Supertech in Noida.
The top court refused to give more time to Supertech Ltd for entering into a contract with Edifice despite the repeated insistence of their counsel saying that the No Objection Certificates (NOCs) can be obtained subsequently. The bench said, “No, you don’t need two weeks to enter into a contract. You apply for the NOCs in the week thereafter. All authorities will grant you NOCs, it’s a direct order from the Supreme Court. We will list it after two weeks for compliance.”
On January 12, the top court pulled up the builder for not complying with its orders to demolish the twin 40-story towers in sector 93 of Noida and warned that “its directors will be sent to jail for playing truant with the court.” The apex court also took note of the deduction in payments to be made to the homebuyers as directed by it last year and asked the realty firm to put its “house in order” or “face serious consequences”.
On August 31 last year, the Supreme Court bench headed by Justice D Y Chandrachud had ordered the demolition of Supertech Ltd’s 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 law. The apex court had directed that the entire amount of home buyers be refunded with 12 percent 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 capital.
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