Approval of Supertech Emerald Court project under rules, Noida Authority pleads in SC

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New Delhi
During the hearing of a case related to Supertech’s Emerald Court project in May, the Noida Authority said that the project was sanctioned as per the rules. Also argued that no rules including any green area and open space have been violated in the project. His officers have not broken any rules. The plan of the project has been approved under the existing law. At the same time, it has been argued on behalf of the flat buyers that the builder cannot change the green area. A bench headed by Justice DY Chandrachud has started the final hearing on the appeal of Supertech Limited against the decision of the Allahabad High Court. In a 2014 order, the High Court had ordered the demolition of the Twin Towers in Noida and action against the officials of the Authority. The Supreme Court had stayed the High Court’s order during appeal. The final hearing in the matter has started in the Supreme Court and the next hearing will be held on August 3. Advocate Ravindra Kumar, appearing for Noida Authority, said that in this project, their officers have not ignored any bylaws. Also said that approval has been given only under the original plan and revised plan rules of the housing society. According to the existing laws, the project has been approved. On the other hand, advocate Jayant Bhushan, appearing for the Noida-based Emerald Court Owners’ Welfare Association, argued that even after increasing the FAR, the builder cannot change the green area. Taking advantage of the increase in the floor area ratio, two big towers were erected and the green area was encroached upon. Bhushan argued that as per the bylaws, the builder cannot change the green area without the consent of the flat owner. The garden area was shown in the flat buyers brochure, as well as in the completion plan and a 40-storey building was built on it. On the other hand, Senior Advocate Vikas Singh, appearing for Supertech, submitted that there was no question of consent of 1500 home buyers in this case as the RWA came into existence much after the section plan. The distance criteria of 16 meters does not mean the distance between two blocks but a single separate building. It is present in the current plan. The new construction does not violate any fire safety protocol in any way. On July 9, the Supreme Court was told that Supertech Limited Builder Company had refunded the money of home buyers in the Emerald Court project, following which the Supreme Court closed the ongoing contempt case against Supertech. The Allahabad High Court ordered the demolition of the Emerald Court project. After which the matter came before the Supreme Court. Court Adviser Gaurav Agarwal had said that the only question that remains is whether the Noida Authority had given permission for construction there and whether it is legal or not.

[Attribution to NBT]

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