The Supreme Court on Wednesday came down heavily on real estate developer Supertech over non-payment to the homebuyers for demolition of 40 Storey residential towers in Noida. The Bench Of Justice DY Chandrachud and M.R. Shah made it clear that money needs to be paid by January 17 to the aggrieved home buyers and no amount should be deducted thereof.
The Supreme Court had earlier put a seal on Allahabad High Court’s verdict that ordered the demolition of 40-story residential towers of Supertech in Noida.
The Bench of Justice DY Chandrachud and M.R, Shah had further ordered that the demolition work shall be carried out within a period of three months from the date of this judgment. That's not all, the appellants were required to carry out the work of demolition at their own cost under the supervision of the officials of NOIDA.
Accordingly, the appellant was supposed to refund the flat purchasers in the illegal twin towers within a period of 2 months along with interest at the rate of 12 percent.
A case of illegal construction, collusion, and corruption
The growing menace of unauthorized constructions in urban cities coupled with dubious dealings is a common phenomenon.
In the present case, the Supreme court had noted glaring instances of corruption among the home developers in collusion with NOIDA.
The homebuyers association had contended that Supertech’s concerned twin towers were not in the original plan shown to them. When the homebuyers wanted to see and verify the construction plan, the authority refused to share the plan with them at the behest of the developer. It was only when the Allahabad High Court intervened in the matter, the Noida authority gave the plan to the home buyers. According to the home buyers, the illegal construction had not only blocked the view but made access to sunlight and fresh air impossible for them. In this connection, the Supreme Court had earlier remarked that the towers were constructed by encroaching upon the green common area of the housing society.
On the other hand, Supertech had earlier argued that the said construction was not illegal and only suffered on two aspects.- lack of consent from the homebuyers and violation of the minimum distance criteria.
The top court had not found any merit in the submissions of the defendants and called their sanctioned plan fabricated. Taking stringent action against the erring officials of the appellant and the officers of NOIDA for possible violations, the Supreme Court had ordered stringent action by sanctioning prosecution proceedings against them.
The Supreme Court had earlier put a seal on Allahabad High Court’s verdict that ordered the demolition of 40-story residential towers of Supertech in Noida.
The Bench of Justice DY Chandrachud and M.R, Shah had further ordered that the demolition work shall be carried out within a period of three months from the date of this judgment. That's not all, the appellants were required to carry out the work of demolition at their own cost under the supervision of the officials of NOIDA.
Accordingly, the appellant was supposed to refund the flat purchasers in the illegal twin towers within a period of 2 months along with interest at the rate of 12 percent.
A case of illegal construction, collusion, and corruption
The growing menace of unauthorized constructions in urban cities coupled with dubious dealings is a common phenomenon.
In the present case, the Supreme court had noted glaring instances of corruption among the home developers in collusion with NOIDA.
The homebuyers association had contended that Supertech’s concerned twin towers were not in the original plan shown to them. When the homebuyers wanted to see and verify the construction plan, the authority refused to share the plan with them at the behest of the developer. It was only when the Allahabad High Court intervened in the matter, the Noida authority gave the plan to the home buyers. According to the home buyers, the illegal construction had not only blocked the view but made access to sunlight and fresh air impossible for them. In this connection, the Supreme Court had earlier remarked that the towers were constructed by encroaching upon the green common area of the housing society.
On the other hand, Supertech had earlier argued that the said construction was not illegal and only suffered on two aspects.- lack of consent from the homebuyers and violation of the minimum distance criteria.
The top court had not found any merit in the submissions of the defendants and called their sanctioned plan fabricated. Taking stringent action against the erring officials of the appellant and the officers of NOIDA for possible violations, the Supreme Court had ordered stringent action by sanctioning prosecution proceedings against them.