Noida & Supertech Officials To Be Prosecuted For Collusion: SC Orders

INTRODUCTION

• A 40 storey twin towers under the Emerald Court project was constructed by Supertech Ltd in NOIDA.
• Supertech informed that a total of 633 people had booked the flats initially.
• Presently, 133 of them have moved out to other projects, 248 have taken refunds and 252 home buyers still have bookings with the company in the same project.

OBSERVATION MADE BY THE COURT

• The Supreme Court held that Supertech Ltd in NOIDA, violated the building norms. Thus, the Apex court ordered to demolish it and remarked that illegal construction must be dealt with strictly so that it would ensure compliance with the rule of law.
• The court stated that such kinds of construction strike the very core of urban planning and they directly harm the environment and reduce the safety standards.
• The division bench comprising Justices DY Chandrachud and MR Shah noted that, although the availability of houses to accommodate the constant influx of people is necessary in metropolitan cities, certain conditions should be taken into consideration.
• Two things to keep in mind are the protection of the environment and the safety of the people who would reside in the buildings constructed.
• Further the bench held that, a breach of obligations by the planning authority to ensure the compliance with building regulations is actionable with regards to the residents whose rights are infringed by the violation of law.
• The court also expressed its disappointment over the collusion between developers and planning authorities.

HIGH COURT’S DECISION

• The High Court had previously ordered for the demolition of the tower and sanctioned the prosecution under Section 49 of the UPUD Act, as it was incorporated by Section 12 of the UPIAD Act 1976.
• This order was pronounced against the officials of the appellant and the officers of NOIDA regarding the violations of the UPIAD Act 1976 as well as the US Apartment Act 2010.
• The Supreme Court confirmed the directions given by the High Court, to the competent authority, to grant sanction to move forwards with the prosecution of the NOIDA officials who had acted in collusion.

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