Supertech case: SC agrees to examine plea, orders status quo

The Supreme Court today agreed to examine real estate major Supertech Ltd's plea against the Allahabad High Court's order directing demolition of two 40- floor towers in Noida and ordered the company not to sell or transfer flats in the buildings.

A bench headed by Chief Justice R M Lodha issued notice on a batch of petitions filed by Supertech, NOIDA, flat owners of the controversial buildings and the petitioner on whose plea the high court had passed the order.

It also expressed surprise on how NOIDA (New Okhla Industrial Development Authority) had permitted the construction of 40-floor buildings and said that if they are to be demolished then the authority will have to face the consequences.

If the towers are demolished then money must be paid to flat owners by the authority as it colluded and participated in giving sanction for them, the court said.

The bench also raised questions on how the floors was raised from 24th to 40th floor during the construction.

The bench was hearing pleas in which the petitioners had submitted that the high court order to demolish the towers --Apex and Ceyane--be immediately stayed.

The high court had ordered demolition of Supertech's two under-construction towers in the real estate firm's Emerald Court project.

The two towers have 857 apartments in total. Of these, about 600 flats have already been sold. 

In its petition, the firm has claimed that the two towers were being constructed as per "approved building plans" and "there is no violation".

On April 11, the Allahabad HC had ordered demolition of the two towers and directed the company to refund money to the home buyers.

The HC order came on a petition of the Emerald Court Owner Resident Welfare Association, which had alleged that the approval and construction of the two towers was "in complete violation of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act".

The association has also claimed the authority had given permission to raise the height of the two towers, which was earlier supposed to have only 24 floors each, "without maintaining the mandatory distance of 16 metres from an adjoining building block," making it "unsafe, apart from blocking air and light".