No relief for Supertech | SC asks to demolish both towers| Emerald Court, Noida| SURFACES REPORTER Realty News Update

In a major setback for the realty major Supertech, the Supreme Court has rejected its plea to save one tower and mandated to demolish both towers upholding its earlier judgement. Meanwhile, the builder was also asked to pay Rs 40 lakh to a buyer by Delhi High Court to a consumer. A report by SURFACES REPORTER (SR).

No modification in the earlier decision

The builder, in a plea to the Supreme Court, has earlier asked to modify the judgement wherein it was directed to demolish the 40-storey twin towers of Emerald Court as they were constructed in a gross violation of building norms.

Read more: “Demolish only one tower,” Supertech pleads Supreme Court| Emerald Court Twin Towers | Noida, New Delhi | SURFACES REPORTER Realty News Update

In the plea, Supertech sought to demolish the 224 flats of one tower alone claiming that such modification will not only make the other tower legal by conforming it to the building norms, but also save the wastage of resources and ultimately be ‘beneficial’ for the environment.

“The underlying basis of the proposed modifications is that if the same are allowed, it would save crores of resources from going to waste inasmuch as the applicant has already put materials worth crores of rupees in the construction of the Towers T-16 (Apex) and T-17 (Ceyane),” the company has said, while clarifying that it was not seeking review of the top court's order.

The apex court while dismissing the plea by the builder stated that such a relief is in the nature of a review of the judgement of this court and in various decisions. Commenting to have no substance in the builder's plea, the bench of Justices DY Chandrachud and BV Nagarathna dismissed it. It has earlier directed Supertech Ltd to also refund money to all the existing home-buyers in Emerald Court’s Apex and Ceyane towers within two months, along with an interest of 12 per cent per annum from the date of their deposits.

Supertech Ltd to pay Rs 40 lakh to a buyer

In an additional judgement by the Delhi High Court, the builder has been ordered to pay ?40 lakh by October 31, to a home buyer for the repayment of loan. This has come after the order given by the National Consumer Disputes Redressal Commission (NCDRC) of paying  ?1.79 crore to the same homebuyer.

At that time, the consumer court also issued an arrest warrant against the firm’s Managing Director (MD) Mohit Arora stating that it shall come into effect after seven days if the builder fails to deposit around ?1.79 crore by then. This was done after a petition was filed by Brigadier (retd) Kanwal Batra and his daughter Aakriti Batra, who jointly purchased a villa in Supertech’s Upcountry project, offered by the builder in December 2013 at a cost of approximately ?1.03 crore, which the builder promised to deliver in August 2014.

Challenging the NCDRC decision in High Court, the builder argued that the commission acted out of its jurisdiction while not providing the company a chance to present its case. The HC however, ordered the builder to pay ?40 lakh to the petitioner for the repayment of the loan. The court has also asked the company to provide a payment plan on the next hearing while also noting the statement of Supertech’s counsel that a further sum of ?17 lakh would be paid by November.

Additionally, the court has extended its stay order on Supertech MD Mohit Arora’s arrest till November 11. During the last hearing on September 24, the high court stayed Arora’s arrest, after Supertech agreed to give ?50 lakh to Batra. The matter will now be heard on November 11.

Image courtesy: The Quint

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