Supertech's Plea Seeking Modification to Razing Twin Towers Dismissed
The Supreme Court Monday dismissed an application moved by Supertech Ltd seeking modification of direction to raze the realty firm's twin 40-storey towers in Noida and allowing it to only partially demolish 224 flats of one tower along with its community area on the ground floor to conform with the
Published -
Oct 5, 2021 4:24 AM
The Supreme Court Monday dismissed an application moved by Supertech Ltd seeking modification of direction to raze the realty firm's twin 40-storey towers in Noida and allowing it to only partially demolish 224 flats of one tower along with its community area on the ground floor to conform with the building norms. The apex court said that grant of such a relief is in the nature of a review of the judgement of this court and in various decisions. The filing of applications styled as ‘miscellaneous applications’ or applications for clarifications in the guise for review cannot be countenanced, it emphasized. A bench of Justices D Y Chandrachud and B V Nagarathna said that there is no substance in the application filed by Supertech Ltd and hence it is dismissed. “The attempt in the miscellaneous applications is clearly to seek substantive modification of the judgment of this court. Such an attempt is not permissible in the miscellaneous applications," the bench said. In its application, Supertech Ltd has said that due to the proximity of Tower-17 (Ceyane) with the other residential towers in its Emerald Court project, it cannot demolish the building by blowing through explosives and it would have to be done brick by brick. “The underlying basis of the proposed modifications is that if the same are allowed, it would save crores of resources from going to waste inasmuch as the applicant has already put materials worth crores of rupees in the construction of the Towers T-16 (Apex) and T-17 (Ceyane)," the company has said, while clarifying that it was not seeking review of August 31 order. According to Supertech data given to the court earlier, of the 633 people who booked the flats initially, 133 have moved out to other projects, 248 have taken refunds and 252 home buyers still have bookings with the company in the project.
Tags : News/Views Supreme Court homebuyers construction Projects Supertech Ltd Twin Tower