Noida twin tower row: Supertech buyers protest against company, High Court's ruling
Apr 14, 2014
Source : The Economic Times


DELHI: Hundreds of home buyers in realty developer Supertech's two under-construction 40-storey towers in Noida held demonstrations on Sunday against the builder and an Allahabad High Court ruling that ordered demolition of the apartment blocks.

About 250 people, who have bought houses that are worth over Rs 1 crore each today, gathered at the construction site in Noida's Sector 93A.

"We are feeling really cheated and confused. We did not know any such case was going on. Neither the Noida authority nor Supertech nor the court thought of informing us," said Anil Kumar, who bought a 1,050 sq ft two-bedroom apartment, his first home, in one of the two buildings.

Kumar said he and most other buyers have already paid 95% of the apartment cost to the developer.

"The construction has been on, but this is a sudden development," he said, referring to Friday's court ruling. These home buyers are now planning to move court to safeguard their investments.

While ordering the demolition for violation of construction norms, the court had held that the developer will also refund the money to buyers "with 14% interest compounded annually within four months from the date of filing of certified copy of this order".

The towers—Apex and Ceyane— are part of Supertech's Emerald Court project. A division bench of Justice VK Shukla and Justice Suneet Kumar had said on Friday that they should be demolished within "four months from the date of filing of the certified copy of this order".

The bench was hearing a writ petition filed by a welfare association of Emerald Court's existing residents. The petition had sought accorddemolition of the towers, arguing that they were blocking "light and air" of other apartments in the complex.

The court has also ordered prosecution of officials of the Noida authority and executives of the developer for allowing and carrying out illegal construction.

"This will bring much needed relief from the illegal construction that was done by the builder in collusion with the Noida authority," said Vashisth Sharma, secretary, Emerald Court Owner Resident Welfare Association.

Supertech's managing director RK Arora said the company will file a special leave petition against the high court order in the Supreme Court next week. Supertech was allotted a 48,263 sq m plot in Noida's Sector 93A in 2004 for constructing Emerald Court Group Housing Society, which was to have 15 towers with 11 floors each. These apartments were completed in 2010.

In 2006, the Noida authority allotted an additional 6,556.51 sq m in the same plot to the builder, who had proposed to build a ground plus one shopping centre and an apartment block with 11 floors, similar to the other towers constructed on the plot. But the developer increased the height of the towers to 24 floors in 2009 and then to 40 floors in 2012.

The existing residents of Emerald Court were aggrieved that the two towers were sanctioned without maintaining the mandatory distance of 16 metres between the new towers and their building block, as required by the Noida Building Regulations and Directions of 2010, "making their block unsafe, apart ter for buildings up to 36 meter, which Supertech had complied with in the case of these two buildings.

ing to the National Building Code, the minimum requirement of distance between two buildings is 9 mefrom blocking light and air".

But Arora of Supertech rejected the charge. He told ET that according to the National Building Code, the minimum requirement of distance between two buildings is 9 meter for buildings up to 36 meter, which Supertech had complied with in the case of these two buildings.


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