)
Supertech today filed a petition in the Supreme Court challenging the Allahabad High Court order to demolish its two towers in Emerald Court, Noida.
"We have filed an SLP (Special Leave Petition) in the Supreme Court," Supertech Chairman and Managing Director R K Arora said. In the petition, the company has contested that the two towers were constructed as per approved building plans and there was no violation.
"We were not able to put forward our points in Allahabad High Court appropriately and will now argue the case strongly," he added.
The two towers, Apex and Ceyane, together have 857 apartments, out of which 600 were sold. Supertech has given three options to the buyers of those impacted towers -- take refund, shift to another project of Supertech or wait for the legal recourse to end.
On the other hand, a set of buyers have also filed a SLP in the Supreme Court last week to make them a party in the case and asking for a stay on the order till the disposal of their petition, according to a buyer involved in the process.
In an order on April 11, the Allahabad High Court ordered demolition of two towers in Emerald Court at Expressway Noida. The order also asked the company to refund money to the buyers with 14 per cent interest compounded annually.
The judgement was passed while allowing a writ petition of the Emerald Court Owners Resident Welfare Association, which alleged that the approval and construction of the towers was "in complete violation of the UP Apartment Acts."
The petitioner claimed the Noida Authority had given permission to raise the height of the towers, which were 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."Even the RWA of Emerald Court has filed a caveat in the Supreme Court. Subsequently,the towers were sealed by Noida Authority on April 15.
