JOIN USSupertech twin towers: A reminder to ills plaguing housing sector
Real estate developer Supertech’s twin towers at plot number 4 in Section 93A at Noida, part of the National Capital Region, stood as a stark reminder of all the ills plaguing the housing sector in the country.
It came as no surprise that the Supreme Court on August 30 swung a hammer to order demolition of the two 40-storey buildings constructed at Emerald Court Group Housing Society within three months at the cost of the developer and with a refund of money along with interest to flat buyers.
Built in gross disregard to all norms and mandatory guidelines, it was found T-16 was not a part of the original plan sanctioned in 2005 after the Noida authorities initially allotted a plot of land measuring 48,263 sq mt to the developer for the housing project.
As per the original plan of 2005, 14 towers of nine floors were to be constructed. However, the plan was revised in 2006, 2009 and 2012 in “unholy nexus” and “nefarious complicity” with the authorities, increasing the number of towers to 17 with 40 floors and raising the height of the building to 121 metres. Thus, garden area and open space, meant for original flat buyers, were encroached upon and minimum distance norms between the towers were breached.
It was an alert, Residents Welfare Association, which decided to fight with the “economic might of developer” and “legal authority of planners” by approaching the Allahabad High Court for quashing the revised plan for construction of T-16 (Ceyane) and T-17 (Apex) and the demolition of the structures. It also wanted Noida authorities not to sanction any further building plans in Emerald Court without the consent of all residents.
A brazen attempt to stonewall the RWA’s bid was made before the high court when Noida authorities refused to disclose the sanctioned plan and other information on denial of consent by the developer, though a copy of each plan has to be made available at the site as per the rule. It was only at the instance of the high court, such information was provided to the RWA.
The high court finally on April 11, 2014, allowed the plea by the RWA and directed for demolition of two towers.
When the developer and Noida authorities filed the appeal, the top court with their consent appointed the government-owned National Buildings Construction Corporation Ltd, which examined various facts and concluded that two towers are not compliant with regulations.
The developer, for its part, primarily contended the regulation related to the distance between two building blocks can’t govern the distance between the T-1 and T-17, which formed a part of the same block. It also claimed construction was carried out with sanction from the authorities and 600 people had already purchased the flat.
During the long proceedings, reports from IIT Delhi and Roorkee were called which recommended the minimum distance required to provide ventilation, direct sunlight, means of rescue and prevent the spread of fire. Going through various building regulations, the top court concluded that the authorities made no effort to ensure compliance with the law, causing a brazen violation of the flat purchaser’s rights, which “cannot point to any conclusion, other than the collusion between Noida and the appellant...for monetary gain”. It was found that the violation of mandatory distance between building blocks and the movement space resulted in infringement of rights of the apartment owners and posed a serious risk to the safety of their apartment blocks.