Realty firm Supertech has moved the Supreme Court against the Allahabad High Court's order to raze its two residential buildings on the Noida Expressway for flouting building laws.
The company has maintained that all requisite approvals, building sanction plans and NoCs from the Airports Authority of India and fire department were in place for the construction of the two towers of the Emerald Court House, which is spread over 14 acres. It said that the HC had failed to consider that the towers were part of the same building block and could not have been two separate building blocks.
Even if they were separate blocks, the HC failed to see that the builder had complied with the National Building Code 2005 with regard to open spaces as well, the petition stated.
Home buyers in Supertech's Emerald Court towers through Dhirender Sharma had moved the apex court against demolition of the two towers, Apex and Ceyane, in Noida's Sector 93A. The two 40-storey towers have 857 apartments, out of which 600 have been sold. The Emerald Court House has 15 other towers, fully built with residents living in them. The buyers in their petition stated that the HC had not given them hearing at the time of passing the demolition orders and they should be impleaded as parties in the case.
Sources told FE that NoidaAuthority, which was pulled up by the High Court for allowing the construction of the two towers, may file its SLP on Thursday. It is likely that all the three petitions will be heard together on May 5, the date when the buyers' petition is coming for hearing.
While ordering demolition of the two towers on April 11, the HC had asked the builder to refund money to the buyers with 14% interest compounded annually. It also directed the prosecution of the builder and officials of Noida Authority. On April 15, the authority sealed the two towers, which are at an advanced stage of construction — 21 floors have been built in Apex and 17 in Ceyane.
The HC had accepted the stand of the Emerald Court Owners Resident Welfare Association, which alleged that the approval and construction of the towers was “in complete violation of the UP Apartment Acts”.
While it moved the apex court, Supertech CMD R K Arora has given buyers in the two towers three options - a cash refund at 14% compounded