Supertech case: Supreme Court agrees to exa plea

If the towers are demolished, money must be paid to flat owners by the authority as it colluded and participated in giving sanction for them, the court said.

Supertech case: Supreme Court agrees to exa plea
NEW DELHI: The Supreme Court has directed that status quo be maintained on real estate developer Supertech’s two under-construction 40-floor towers, in the Emerald Court project in Noida, which face demolition following an Allahabad High Court order.

A bench comprising Chief Justice RM Lodha and Justices Madan Lokur and Kurian Joseph on Monday agreed to examine Supertech’s plea against the high court order while ordering the developer not to sell or transfer flats in the Apex and Ceyane towers.

The court also issued notices to Noida ( New Okhla Industrial Development Authority) and Supertech on a plea by a few original allottees who had objected to building of 40 floors against the originally sanctioned nine or 11 floors in the two towers.

The Allahabad High Court had on April 11 ordered demolition of the two towers on the grounds that the minimum distance for fire safety was not maintained between the buildings and had directed the developer to refund money to the buyers.

The Supreme Court expressed surprise on Noida’s decision to permit the construction of the 40-floor buildings and said the authority would have to face the consequences if the buildings were to be demolished.

If the towers are demolished, the authority must pay money to flat owners since it colluded and participated in giving sanction for the two towers, the court said, raising questions on how the number of floors was increased from 24 to 40 during the construction.

About 600 of the 857 total apartments in the two towers have already been sold.

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