Violation of law by officers of planning bodies actionable at the instance of residents- SC

Report for theapogee.in by:

Abhishek Srivastava and Shweta Srivastava

Advocates

New Delhi:

The Supreme Court on Tuesday, upheld the judgement passed by the Allahabad High Court, ordering the demolition of Supertech Twin Towers (Emerald Court) in NOIDA and refund for the flat purchasers. The Apex Court also ordered prosecution of errant NOIDA officials under the various provisions of Uttar Pradesh Urban Development (UPUD) Act, UP Industrial Area Development (UPIAD) Act, 1976, UP Apartments Act 2010 and NOIDA Building Regulations (NBR).

A bench of Justices D.Y. Chandrachud and M.R. Shah said, “we confirm the directions of the High Court including the order of demolition and for sanctioning of the prosecution under section 49 of UPUD Act, as incorporated by Section 12 of UPIAD Act, 1976, against the officials of the appellant and the officers of NOIDA for violation of UPIAD Act and UP Apartments Act 2010.”

In its 140 page judgment, the Apex Court said, this case has revealed a ‘nefarious complicity’ of NOIDA Authority and the developer Supertech Limited.

The bench observed that the construction of twin towers was commenced by the Supertech ltd in July 2009, five months before the sanction was received for second revised plan on 26 November 2009.

The bench also noted that Supertech ltd raised false pleas and attempted to mislead the Court and even ‘stooped to the point of producing a fabricated sanctioned plan.’

The developer firm were found violative of NOIDA Building Regulation of 2005, 2006 and 2010 where the bench added – “The purpose of stipulating a minimum distance comprehends several concerns. These include safeguarding the privacy of occupants and their enjoyment of basic civic amenities including access to well-ventilated areas where air and light are not blocked by the presence of close towering constructions,” said the bench, adding that the prescription of a minimum distance also has a bearing on fire safety.

“In the event of a fire, there is a danger that the flames would rapidly spread from one structure to adjoining ones.”

“The illegal construction of T-16 and T-17 has been achieved through acts of collusion between the officers of NOIDA and the appellant and its management,” said the top court, adding that demolition of towers should be carried out within three months and the builder will bear its cost.

In a relief for flat purchasers, the top court said all the amounts invested for the allotted flats together with interest at the rate of 12 per cent per annum payable with effect from the date of the respective deposits until the date of refund. “The appellant shall, within a period of two months, refund to all existing flat purchasers in Apex and Ceyane (T-16 and T -17), other than those to whom refunds have already been made,” said the bench.

Read the previous report at: https://theapogee.in/slap-in-the-face-of-noida-authority-as-sc-terms-it-corrupt-body

Click here to read the judgement: Supertech_vs_Emerald_Court_RWA_Judgement_31-Aug-2021