SC orders demolition of Supertech twin towers

Homebuyers of 40-storey towers in Noida will get refund

Nine years after taking up the cudgels against Supertech, homebuyers finally got relief from the Supreme Court on Tuesday as it ordered demolition of the under-construction twin 40-storey towers which would have blocked sunlight and fresh air, violating building norms “in collusion” with NOIDA officials.

The case revealed a “nefarious complicity” of the planning authority (NOIDA) in violation of the provisions of law by the developer (Supertech), the apex court said.

The apex court directed that the entire amount of home buyers be refunded with 12 per cent interest from the time of the booking and the Residents Welfare Association be paid ~2 crore for the harassment caused due to the construction of the twin towers.

“A breach by the planning authority of its obligation to ensure compliance with building regulations is actionable at the instance of residents whose rights are infringed by the violation of law. Their quality of life is directly affected by the failure of the planning authority to enforce compliance,” it said.

A bench of Justices D Y Chandrachud and M R Shah said, “The order passed by the (Allahabad) High Court for the demolition of Apex and Ceyane (T-16 and T-17) does not warrant interference and the direction for demolition issued by the High Court is affirmed”.

The SC said it is affirming the high court order for sanctioning prosecution under provisions of Uttar Pradesh Urban Development Act and Industrial Area Development Act, against the officials of the Supertech Ltd and the NOIDA officers for violation of the law.

The judgments of this Court spanning last four decades emphasise the duty of planning bodies, while sanctioning building plans and enforcing building regulations and bye-laws to conform to the norms by which they are governed, it said.