Supports Supertech, a real estate company that built two additional towers of 40 floors in one of his housing projects in Noida, allegedly violating the law, Noida authorities on Thursday told the Supreme Court that the construction was legal and there was no violation of each law or rule by the builder, Report Amit Anand Choudhary.
Two towers, consisting of a series of flats, were declared illegal by the High Court of Allahabad, which in 2017 directed their demolition and the builder was ordered to return the number to the buyer of the house that ordered a flat in two towers in the project in the 93a sector in Noida.
Paying a home buyer who is looking for a refund, SC told Supertechthe Builder after it approached The Apex Court, who lived the demolition of the tower but directed the company to restore the number to the buyer who wanted their money back.
Appearing before the judicial bench D Y Chandrachud and M R Shah, Advocate Ravindra Kumar for Noida authorities said the authorities had sanctioned the plan.
He said the first approval was given in 2005 and then the revised plan was approved in 2006, 2009 and 2012 where the number of towers in the project and the height of the tower was also permitted to be increased at a different stage.
“There is nothing wrong with the part of the authority in giving a plan sanction and no one is done who oppose the law and approval is given according to the rules,” Kumar told the bench.
He said HC’s command was wrong and the authority separately appealed the Order because many detrimental observations were carried out by HC against their officials.
Kumar said the All17 Tower Project was part of the same building cluster and all towers can be close to each other according to the law.
“The distance between the tower does not violate the rules.
The land area, green area or open area has not been taken over for the construction of the tower,” he said.
The bench, however, said that this opinion was unacceptable because there would be no open space between two towers.
Senior Advocate Vikas Singh, appears for Supertech, argues that three towers, which include two controversial towers, are part of a cluster with the same basement.
He said the regulation of Building Noida (NBR), 2010 could not be applied to the project approved in 2009.
He also emphasized that the distance between two towers must be six meters in accordance with the new national building code and there was no violation of the law by the builder.
Jayant Bhushan’s senior advocate, which appeared for the owner of the Emeraldian Court of the Resident Welfare Association, said that the agreement and construction of the two towers was completely a violation of the action of the apartment and his approval was not taken before changing the plan to build a new tower.
The argument remains not conclusive and will be continued on August 3.
Emerald Court Twin Towers by Supertech Legal: Noida to SC
