![]() ![]() ![]() In order to ensure that the work of demolition is carried out in a safe manner, NOIDA shall consult its own experts and experts from Central Building Research Institute, Roorkee (“CBRI”) ( iii) The work of demolition shall be carried out by Supertech at its own cost under the supervision of the officials of NOIDA. ( ii) The work of demolition shall be carried out within a period of three months from the date of the instant judgment ( i) The order passed by the High Court for the demolition of Tower 16 and Tower 17 of Emerald Court does not warrant interference and the direction for demolition issued by the High Court is affirmed The directions of the Supreme Court are summarised below: “hen egulations are brazenly violated by developers, more often than not with the connivance of regulatory authorities, it strikes at the very core of urban planning, thereby directly resulting in an increased harm to the environment and a dilution of safety standards. Observing that illegal construction has to be dealt with strictly to ensure compliance with the rule of law, the Court said: Therefore, the High Court’s direction for sanctioning prosecution against officials of Supertech and NOIDA was also upheld. The Court further found that the case was replete with instances which highlight collusion between the officers of NOIDA with Supertech and its management. Supertech was also ordered to pay costs of Rs 2 crore to the Resident Welfare Association of Emerald Court Group Housing Society, which had initiated proceedings by filing a writ petition in the High Court. The Court ordered Supertech to refund with interest the amounts invested by allottees of flats in these two towers. The revised building plans sanctioned by the New Okhla Industrial Development Authority (“NOIDA”) allowing construction of two additional towers, Tower 16 and Tower 17, were in violation of statutory regulations. The Supreme Court found the construction illegal. upheld the 2014 decision of the Allahabad High Court ordering demolition of Tower 16 and Tower 17 of Emerald Court constructed by Supertech Ltd. Supreme Court: A Division Bench of Dr D.Y. ![]() ‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of the planning authority to enforce compliance of law.’ ![]()
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