SC asks Supertech to deposit Rs 10 cr to refund buyers in Noida
Supreme Court on Tuesday directed real estate major Supertech Ltd to deposit Rs 10 crore to refund those home buyers who want to wriggle out of the disputed Emerald Court project, two towers of which have been found to be non-compliant of building laws by NBCC.
“In the meantime, builders M/s Supertech Ltd shall deposit Rs 10 crore with the registry by January 3, so that the people are not in any kind of illusion,” a Bench of Justices Dipak Misra and Amitava Roy said. The Bench noted that some home buyers wanted to remain in the building but some want refunds of the investments made.
It said those home buyers who want their refund back needed to be given back the funds, but clarified that Rs 10 crore to be deposited before the registry of the Apex Court will be without any prejudice of the contention raised during hearing of the matter.
The day’s hearing commenced with Additional Solictor General P S Narasimha submitting the report of National Buildings Construction Corporation Ltd which was asked by the Apex Court to examine the alleged violations of the building rules in Supertech’s Emerald Court project in Noida as the Allahabad High Court had ordered demolition of the two towers.
No sooner the report was accepted by the Bench, senior advocate Jayant Bhushan appearing for the PIL petitioner before the High Court said “the NBCC report is in our favour”. Bhushan, on being questioned about the locus, said it was their petition on which the High Court had ordered demolition. “We are the original petitioners having flats in close vicinity of the alleged structures,” he said. The NBCC report said, “The open space available between the two towers Tower 1 (Aster 2) and Tower 17 is less than 20.45 metres as prescribed in the NBC rules.
“Thus from the above observations and inferences, NBCC concludes the opinion that the two towers, Tower 1 (Aster 2) and Tower 17 is not compliant with the REG 24.2.1(6)of Noida Building Regulations 2010.”