Slap in the face of NOIDA Authority as SC terms it ‘corrupt body’
Report for theapogee.in by:
Abhishek Srivastava and Shweta Srivastava
Advocates
New Delhi:
The observations and comments of Justices Dhananjaya Y. Chandrachud and M.R. Shah of the Supreme Court in regard to functioning of officials of NOIDA Authority in the matter of Supertech Emerald Court case has created ripples among those who are responsible for sanctioning and approving the project ‘APEX’ and ‘CEYANE’. It is learnt from reliable sources that the Uttar Pradesh government has asked the Chief Executive Officer of NOIDA to conduct a thorough inquiry and find out who are responsible for violations and wrong doings if any.
It is significant to quote the comments and observations of the Supreme Court while hearing the appeal of the Supertech, the last week which has been filed challenging the judgement and order of Allahabad High Court directing the demolition of said twin towers. The Bench observed ‘when home buyers asked for the plan the authority wrote to the developer on whether to share it and refuse to give plan to them at its behest.’
Justice Chandrachud and Justice Shah not only termed the NOIDA Authority ‘corrupt body’ it chided the authority for its ‘shocking exercise of power’ in sanctioning the residential towers of the Supertech on a green area. The Bench also commented ‘from the way you are arguing it appears that you are the promoter. You cannot be fighting against the home buyers. As a public authority you have to take a neutral stand. Your conduct reeks of corruption from the eyes, ears and nose and you are trying to find fault with home buyers.’
The Emerald Court owners Resident Welfare Association (RWA) have filed writ petition in Allahabad High Court in the year 2012 for quashing the revised plan approved by the NOIDA Authority for construction of new towers in Sector 93-A and for demolition of said towers as the approval and construction of towers being in complete violation of provisions of UP Apartment Act, 2010.
The facts briefly is that the Supertech was allotted a part of plot no. 4 measuring 48,263.00 square meter situated in Sector 93-A by the NOIDA Authority on 23-11-2004 for development of Emerald Court group housing society. The NOIDA Authority vide approval dated 26-06-2005 sanctioned the layout plan on the said plot.
The NOIDA Authority vide supplementary lease-deed dated 21-06-2006 allotted an additional area of 6,556.51 square meter of the same plot increasing the total area of the plot to 54,891.51 square meter. The sanctioned map was accordingly revised and it was proposed to build a shopping centre ground plus the floor (G+1) and a building block ground plus 11 floors (G+11) on the additional lease area. The NOIDA Authority accorded sanction on 29-12-2006.
The developer company the Supertech submitted a third revised map, where the NOIDA Authority sanctioned the map while sanction letter dated 26-11-2009. The sanction was for tower number 16 (CEYANE) and tower number 17 (APEX) with ground plus 24 storeys (floors). Towers 16 and 17 were to be built in place of G+11 and shopping centre G+1 as approved earlier. The height of the block was raised to 66 meters.
Afterwards the developer company purchased additional floor area ratio (FAR) and got the map revised vide sanction letter dated 02-03-2012. The sanction permitted the raising of height of towers 16 and 17 from (G+24) floors to (G+40) floors i.e raising the height to 121 meters.
The RWA pleaded before the Allahabad High Court that the sanction granted by the NOIDA Authority is in violation of Building Regulations to raise the height of said twin towers and this will not only make their block unsafe but block light and air also.
Allahabad High Court after going through the pleadings of the parties came to the conclusion that the map sanctioned by the NOIDA Authority is in teeth of the Building Regulations; the mandatory distance has not been maintained between building blocks and movement space. The violation has seriously affected the rights of the apartment owners and safety of their residential blocks.
Allahabad High Court observed ‘illegal and unauthorized constructions are on the rampant rise with the connivance of the officials of development authority and such activities are required to be dealt with firm hands otherwise builders and colonizers would be encouraged to raise constructions under the garb of sanction which otherwise is gross violation of the Building Regulations and relevant provisions of the Act. The ultimate aim is planned development and the flat owners should not fall prey to such activities as the ultimate desire of the family of common man is to have a shelter of his own.’
The bench of Allahabad High Court because of aforesaid reasons directed the NOIDA Authority to demolish the said towers 16 and 17 APEX and CEYANE constructed by Supertech within period of 4 months and take penal action against those who were involved in such sort of illegal activities.
The Supertech has filed the appeal in the Supreme Court challenging the aforesaid judgement of Allahabad High Court. The Supreme Court initially stayed the order of Allahabad High Court but had directed the developer company to return the money of those home buyer who are willing to take it back. The pleading in the said appeal has been completed and the Supreme Court after hearing the matter has yet to pronounce the final judgement.
The judgement and order of Allahabad High Court which is under challenge in the aforesaid appeal can be downloaded here: Allahabad_HC_Supertech_Case_Order