Noida’s Supertech skyscrapers are a live example of deep-rooted systemic corruption in India. Made with the collusive effort of bureaucrats, politicians, and corrupt builders, the building represents a clear-cut violation of rules, norms, and statutory laws of the land.
Thanks to the Emerald Court Owners Resident Welfare Association that they raised their concerns to the appropriate authorities and fought the corrupt system. They not only ensured their rightful use of their property but also uncovered the system’s failure and brought justice in their favor. After years of judicial fight, the Supertech skyscrapers have finally been demolished. Here is the brewing timeline that led to the fall of the skyscrapers.
Arbitrariness of Builders
In 2004, the New Okhla Industrial Development Authority (NOIDA) allotted 48,263 sq mts of land to Supertech Limited. It was for the overall construction and development of a residential society in sector 93A. The initial intended project was envisaged to build a residential society Emerald Court of 14 towers of G+9 (9 floors). But, in 2006, Supertech Ltd received more land and they added one more tower with an increase of 2 more floors.
In the updated design approved finally in 2012, Supertech announced plans to build two more towers with 40 stories on the land that was originally declared green for initial buyers of 14 towers. Despite the constant appeals of RWA (Resident Welfare Association) to NOIDA and builders, they went ahead with the plan to build two more towers. The land which was originally proposed to leave green for 14 towers was occupied by greed.
Aggrieved by the arbitrariness of Supertech Ltd, RWA complained with NOIDA that the builders have breached the rules and misrepresented the buyer’s facts. When officials of NOIDA didn’t listen to RWA, they filed writ petitions under Article 226 of the Constitution to demolish the illegal buildings.
When the Law Commands, Justice Acts
Hearing the writ petition of the RWA, the Allahabad High Court in 2014 observed that the twin towers Ceyane and Apex are illegal construction. The Court stated that the construction of the twin towers is in violation of the Uttar Pradesh Industrial Area Development Act 1976 and the UP Apartment Promotion of Construction, Ownership, and Maintenance Act 2010.
The Court further observed in its order that Supertech Ltd would bear the cost of demolition. They would also reimburse flat buyers for the money obtained at 12% interest. The Allahabad High Court also directed the government to impose high penalties on the officials, who did not follow the statute, according to the Uttar Pradesh Industrial Area Development Act 1976.
Against the order of the Allahabad High Court, Supertech moved to the Supreme Court of India in May 2014. Rejecting the claim of Supertech, the Apex Court affirmed the decision of the Allahabad High Court.
Meticulously scrutinizing the project’s updated and authorized proposals, the Apex Court observed that clear cooperation existed between Supertech builders and officials of the NOIDA authority in the sanctioning procedure. The two towers were built by violating the Uttar Pradesh Industrial Area Development Act 1976 and the UP Apartment Promotion of Construction, Ownership, and Maintenance Act 2010.
Consequently, the Court concluded that the High Court decision stands affirmed and work of demolition shall be carried out within a period of three months from the date of the judgment. The demolitions should be carried out under the overall supervision of the Central Building Research Institution Roorkee.
In accordance with the Supreme Court Judgement, the demolition work was carried out today under the technical supervision of CBRI Roorkee. The demolition reflects the might of law that pledges to bring justice to society. The credit must be given to the RWA that stood against the collusive partnerships of builders and NOIDA officials.
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