Real estate developer Supertech moved the Supreme Court on Wednesday, 29 September, against its order dated 31 August, which directed the demolition of the two 40-storey towers at its Emerald Court housing project in Noida.
The developer argued for the demolition of only one tower, stating that the demolition of 224 flats in one tower will make the altered structure adhere to all the building norms, Hindustan Times reported.
Supertech, in its submission, stated, "Partial demolition of 224 flats of one of the two towers, from the ground floor to the 32nd floor along with the community area on the ground floor will be sufficient to bring the structure in conformity with all building norms," NDTV quoted.
Further, it added that if the apex court gives its approval to the new proposal it will 'abide by the fire safety and other municipal norms in a time-bound manner'.
The building company also reportedly asserted that their alternative will also be “beneficial for the environment” as the 'demolition would leave a huge quantity of debris that will have to be dumped at a landfill site that is already overburdened,' Hindustan Times quoted.
What the SC Had Said
In its demolition order, the bench of Justices DY Chandrachud and MR Shah observed that the Noida authority, in infringement of rules, had given permission to Supertech to construct two additional 40-floor towers.
The court also noted that the consent of individual flat owners was required prior to the construction of the twin towers, as per the Uttar Pradesh Apartment Act. However, the law had been sidestepped by the colluding authorities.
The Supreme Court stated that the case is "replete with instances which show collusion of Noida authority with the builder" in contravening building norms.
"Collusion is writ large" the apex court had noted.
(With inputs from Hindustan Times and NDTV)