SC directs Supertech to enter into contract with firm within a week to demolish its twin-towers in Noida
Jan 17, 2022
New Delhi [India], January 17 : The Supreme Court on Monday directed real estate developer 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.
A Bench of Justices DY Chandrachud and Surya Kant was told by the Noida authority that Edifice Engineering has been chosen to carry out demolition of twin towers in consultation with the Central Building Research Institute (CBRI) Roorkee.
"The contract (with a demolishing agency) shall be executed no later within a period of one week from today," the Bench told counsel appearing for Supertech.
Senior advocate Parag Tripathi, appearing on behalf of Supertech Ltd told the Bench that there are no objections to the agency, which has been finalised.
The apex court noted that the developer would be applying for all necessary No Objection Certificates (NOCs) within a period of one week.
The Bench also refused to give more time to Supertech Ltd for entering into a contract with Edifice. Tripathi asked the top court to give one week for applying for NOC and Supertech will enter into the contract with the agency within two weeks. There are certain NOCs that are required and we are applying for it with a copy to NOIDA authority, Tripathi said.
However, the Bench declined the request saying, "No, you do not need two weeks to enter into a contract. You apply for the NOCs in the week thereafter. All authorities will grant you NOCs, it is a direct order from the Supreme Court. We will list it after two weeks for compliance."
It also directed Supertech to make the refund payments to the home buyers without prejudice to their rights and contentions.
Last week, the top court slammed the Supertech over non-payment to the homebuyers for the flats which were ordered to be demolished. It said that no amount should be deducted while giving back the money.
The top court was hearing a contempt plea by home buyers who paid for the flats on which apex court judgment of August 31, 2021 directed demolition of the twin towers.
Homebuyers have alleged that Supertech has invited them to collect their money, however, when they approached the company, they were told that the money would be paid back in installments together with certain deductions which were not indicated by the Court.
Earlier, the apex court had dismissed a plea of Supertech 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.
While directing the demolition of two towers over grave violations of building norms, the court had said that it was a result of "nefarious complicity" between Noida Authority and the Supertech, and ordered that company shall carry out the demolition at its own expense within three months under the supervision of the Noida Authority and an expert body like the Central Building Research Institute.
The order had come on a batch of petitions filed by homebuyers for and against the April 11, 2014 verdict of the Allahabad High Court, which had ordered the demolition of the two buildings within four months and the refund of money to apartment buyers.
