The towers’ illegal construction was achieved by collusion and an “unholy nexus” between Noida authorities and builders, the court noted.
Twin 40-floor residential towers in Uttar Pradesh’s Noida built by real estate firm Supertech and housing over 900 flats will be demolished over the violation of construction by-laws, the Apex Court said on Tuesday, upholding April 2014 decision by the Allahabad High Court.
The towers’ illegal construction was achieved by collusion and an “unholy nexus” between Noida (New Okhla Industrial Development Area) authorities and the builders, said a two-member bench of Justices DY Chandrachud and MR Shah.
The court ruled that people who had bought homes in these projects must be refunded in two months, and the cost of demolition, which must take place in three months, is to be borne by Supertech.
“(There are) repeated instances of collusion between authorities and developers – complicity of Noida authorities… breach of building plans, refusal of authorities to share building plans with residents, violation of building norms… The High Court dealt with these issues and, correctly, concluded collusion between authorities and developers,” Justice Chandrachud said.
The top court also came down heavily on “rampant increase in unauthorised construction” and stressed that protection of the environment and safety of residents had to be considered at all times.
“This construction dilutes safety standards (and) illegalities have to be dealt with strictly. (The) sanction given by Noida authorities is violative of building regulations… goes against minimum distance requirements between towers… fire safety norms have been violated… garden area was violated to construct the towers,” the court said.
A furious top court, in its last hearing on the matter,
came down hard on Noida authorities for failing to provide copies of the sanctioned plan, as requested by home buyers.
“You (the authority) are reeking with corruption right from your eyes and nose,” the court said, adding, “This is a shocking exercise of power. You are not only in league with the Supertech.”
“When home buyers asked for a sanctioned plan, you wrote to Supertech (asking if) you should give the document… It was only after the (Allahabad) High Court expressly directed you to give that you had given them,” the court said.
The Apex Court had also demanded to know why and how the Noida authorities, in their “eternal wisdom”, permitted large construction projects such as this in a designated ‘green area’.
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