Allahabad High Court fiat for illegal construction

The Allahabad High Court on Friday ordered the demolition of two 40-storey towers of real estate firm Supertech for illegal construction. The residential towers are part of the Emerald Court Project in Sector 93 A, Noida. They are unoccupied.

The judgement was passed while allowing the writ petition of “Emerald Court Owner Resident Welfare Association” wherein it was alleged that the approval and construction of the two towers was “in complete violation of UP Apartment Acts”.

The petitioner had claimed that the Noida Authority had given permission for raising the heights of the two towers, which were earlier supposed to have only 24 floors, “without maintaining the mandatory distance of 16 metres from an adjoining building block, making it unsafe, apart from blocking air and light.” The Court has also ordered the prosecution of Noida Authority officials for allowing Supertech Builders for carrying out the illegal construction. Additionally, the builder has been asked to refund the money to investors at a rate of 14 per cent.

When contacted, RK Arora, CMD, Supertech, said: “We have not yet received the order . If we receive it and it is against us, then we are going to file an appeal to the Supreme Court for its decision. The construction, which is going on at the project, is legal and is approved from Noida Authority.”

In May 2013, the apex court had sought demolition of 102 flats in the Campa Cola Housing Complex in Mumbai for illegal construction. Later, it stayed the demolition till May this year.

(This article was published on April 11, 2014)
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