Noida twin tower demolition live updates
The order passed by the high court for the demolition of Apex and Ceyane does not warrant interference and the direction for demolition issued by the high court is affirmed.
The work of demolition shall be carried out within a period of three months from the date of this judgment, the court said (The SC later extended the deadline for extensive preparations that were needed to bring the towers down)
The ruling
*The construction of Apex and Ceyane at Emerald Court society was done in violation of laws.
*Supertech will demolish the towers at its own cost.
Key violations:
*The court held that the construction plan sanctioned by the Noida Authority was “contrary to”:
Building regulations
*Mandatory distance between building blocks.
*Movement space required between structures “…as a result of which the rights of the apartment owners and the safety of their apartment blocks have been seriously affected,” the court said (Aster-2, the 12-storey building at Emerald Court closest to the twin towers, is just 9 metres from the outer wall of the 32-floor Apex. This distance should have at least been 16 metres ).
Collusion
*The Supreme Court bench also upheld the high court’s order on the involvement of Noida Authority officials in:
*Sanctioning a flawed construction proposal.
*Refusing to disclose the building plans to the RWA when it inquired Not investigating even after being informed of violations “The record of this case is replete with instances which highlight the collu – sion between the officers of Noida with the appellant and its management. The case has revealed a nefarious complicity of the planning authority… Noida made no effort to ensure compliance of the UP Apartments Act 2010… This cannot point to any conclusion, other than the collu – sion between Noida and the appellant,” the court said.
Buyer’s rights
The bench made observations about:
*Unauthorised construction and the need for courts to hold not just developers, but also authorities accountable.
*Upholding buyers’ rights being imperative because not doing so would go against the public interest.
*“The rampant increase in unauthorised constructions across urban areas, particularly in metropolitan cities where soaring values of land place a premium on dubi – ous dealings has been noticed in several deci – sions of this court,” the bench observed.
*“While the availability of housing stock, espe – cially in metropolitan cities, is necessary to accommodate the constant influx of people, it has to be balanced with two crucial considera – tions — the protection of the environment and the well-being and safety of those who occupy these constructions… when these regulations are brazenly violated… it strikes at the very core of urban planning,” it added.
Watch Supertech Demolition: How Apex and Ceyane buildings will be brought down