The Allahabad High Court last week ordered realty firm Supertech to demolish two 40-storey towers in Noida and refund money to its customers with 14% interest. While the real estate developer denies it has violated any rules and would appeal against the order in the Supreme Court, lawyers representing the RWAs point to illegalities on the part of the firm.
Lawyers Amit Saxena and Kunal Ravi Singh said the dispute is regarding the violation of the Noida building regulations, 2010, which says the distance between the two building blocks is defined by the height of the building, in this case the height is 121 meters.
As per the National Building Code 2005, any building above 55 metres of height should have a minimum distance of 16 metres. "This is a clear violation where the distance is just 9 metres," they said.
According to them, according to Section 4 of the UP Apartments Act 2010, any change in the sanction plan of a complex should be applied for only after taking the consent of each and every buyer of the existing towers. "This again was violated by Supertech builders," said Saxena and Singh.
Supertech's chairman and MD RK Arora said all necessary approvals were taken in advance.
"The distance between the two towers is as required by the Noida building regulations and directions of the UP government. At the base of the towers, the distance is 9 metre and at the top it is 100 metre. If one reads the regulations, we understand the distance base should be 9 metres and at the top it should not be below 16 metres, thus we have not violated it at any which way".
"Nobody wants refund of money. They only want their flats, investment in any of our projects are completely safe and secure. We will safeguard the interest of the customers. The project will be completed as promised in a given time -frame, " he added.