New Delhi: The Supreme Court Monday agreed to examine real estate major Supertech Ltd's plea against the Allahabad High Court's order directing demolition of two 40- floor towers in Noida and ordered the company not to sell or transfer flats in the buildings.
A bench headed by Chief Justice R M Lodha said that HC order for demolishing entire towers is not good but raised questions on increasing the number of floor to 40 in the midst of construction after the foundation was laid for a building of 24 floors.
"You are putting life's of thousands of people at stake. How can the foundation bear the burden of a 40-floor building," the bench asked the builder.
Senior advocate Mukul Rohatgi, appearing for Supertech, submitted that foundation of the building was made to bear the burden of 40 floors as the company knew that the authority would allow it to increase the number of floors.
"You started construction by keeping certain number of floors in mind but you later increased the number of floors. It defies logic, common sense to make a 40-floor building on a foundation of 24-floor buildings," the bench observed adding "its frightening".
It also expressed surprise on how NOIDA (New Okhla Industrial Development Authority) had permitted the construction of 40-floor buildings and said that if they are to be demolished then the authority will have to face the consequences.
"If the towers are demolished then money must be paid to flat owners by the authority as it colluded and participated in giving sanction for them," it said.
After today's proceedings, premises of the building would remain sealed and the company would not be able to complete the construction and to sell unsold flats.
The apex court was hearing pleas in which the petitioners had submitted that the high court order to demolish the towers --Apex and Ceyane--be immediately stayed.
The high court had ordered demolition of Supertech's two under-construction towers in the real estate firm's Emerald Court project.
The two towers have 857 apartments in total. Of these, about 600 flats have already been sold.
In its petition, the firm has claimed that the two towers were being constructed as per "approved building plans" and "there is no violation".
On April 11, the Allahabad High Court had ordered demolition of the two towers and directed the company to refund money to the home buyers.
The HC order came on a petition of the Emerald Court Owner Resident Welfare Association, which had alleged that the approval and construction of the two towers was "in complete violation of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act".
The association has also claimed the authority had given permission to raise the height of the two towers, which was earlier supposed to have only 24 floors each, "without maintaining the mandatory distance of 16 metres from an adjoining building block," making it "unsafe, apart from blocking air and light".
