Flat owners of Supertech’s Emerald Towers at Noida heaved a sigh of relief on Monday as the Supreme Court ordered status quo, stalling Allahabad High Court’s order to demolish the twin buildings under construction along Noida Expressway.
The court restrained the residents and flat owners from selling or transacting the flats in any manner and decided to examine the aspect of collusion between the Noida authorities and Supertech group that resulted in the demolition order to be passed on April 11.
The Bench of CJI RM lodha, Justices Madan lokur and Kurian Joseph, while issuing notice on separate petitions filed by Supertech Group and the flat owners’ association, was “frightened” to see how the buildings, that stood nine metres apart, got sanction for construction up to 40 floors when the original layout plan approved only nine floors.
At the first instance, the court felt the construction “defied logic” and posed grave risk to thousands of people residing there as it wondered how the foundation aimed at supporting nine floors could bear the weight of 40 floors. It was at this point, Suptertech’s counsel fell into the court’s trap.
Senior advocate Mukul Rohatgi informed the Bench that the company laid the foundation for 40 floors right at the beginning. The Bench said, “So it was designed in a way keeping in mind in future it will be allotted,” in reply to which Rohatgi said, “I constructed it knowing this is going to be allowed.”
The statement landed the Noida authority in deep embarrassment as the court blamed the agency for permitting this mess. “The builder went ahead armed with sanction at your end. If it has resulted in this mess, you (NOIDA) are responsible and the cost borne by the builder should be given by you.”
The Bench raised serious doubts on Supertech’s claim that the foundation of the building was laid in order to support 40 floors. It was in 2006, the plan for constructing nine floors in Tower 16 and 17 was approved. Construction for the two towers began in 2009, when the plan was modified to accommodate 24 floors as the builder purchased more FAR from Noida authority. By 2012, this was increased to 40 floors. At present, the construction of the 31st floor had commenced.
The Court while posting the matter in July decided to stay the demolition of the two towers as it found the HC order to be “flawed”. It said, “The HC is wrong that the whole lot in the two towers have to be demolished. The question we have to consider is whether what is permitted is upto nine floors, or 24 or 40.”
The residents association who had approached the HC against Supertech violating sanction plan and building code, informed the Court that the extra FAR purched by builder to add more floors had shrunk the land originally meant to be green area. The Court asked Noida authority to reply by next date on whether this was permissible at the instance of the builder.