Supreme Court allows demolition of Noida towers on August 28

The Supreme Court on Friday fixed August 28 for the demolition of two towers in Supertech’s Emerald Court project in Noida, extending by a week the earlier deadline set for August 21 after the Roorkee-based Central Building Research Institute (CBRI) informed the top court that the work on planting explosives in the building has just begun, and that other preparations can only be finished by August 25.

The court also allowed the Noida authority a buffer period of seven days between August 29 and September 4, to take into account any marginal delay on account of technical reasons or weather conditions.

Relying on a status report submitted on Friday by the Noida authority, a bench of justices Dhananjaya Y Chandrachud and AS Bopanna said, “Noida has stated that in view of the fact that certain work prior to demolition has to be completed by August 25, and as recommended by CSIR-CBRI, the date of demolition may be confirmed as 28 August 2022….the request made by Noida is acceded to.”

The bench said, “All parties including Noida, Supertech Limited , CSIR-CBRI and the demolition agency Edifice Engineering shall strictly abide by the directions which have been issued earlier and those which have been issued above.”

The towers were ordered to be demolished by the Supreme Court on August 31 last year on a petition filed by Supertech Emerald Court Apartment Owners’ Association. The residents had first approached the Allahabad high court and succeeded in getting an order of demolition against the two towers in 2014. They complained that the area occupied by the towers was supposed to be a green area and construction on this space amounted to breach of trust by the builder. It was also found that the two towers flouted the minimum distance rule prescribed by the National Building Code, 2005.

While upholding the high court order, the SC ordered compensation for homebuyers (deposit plus 12% interest) who bought flats in the twin towers. Of the 633 persons who booked flats in the twin towers, about 248 homebuyers took an early refund while 133 took flats in other Supertech projects, leaving only 252 homebuyers who have since been receiving refunds.

In its status report, the Noida authority informed the court that the 32-storeyed towers – Apex and Ceyane – will be the tallest buildings ever to be brought down. It added that the expert agency CSIR-CBRI had asked Edifice and Supertech to give assurances regarding required safety measures and risk mitigation steps related to the demolition plan and potential impact on neighbouring buildings of Emerald Court and ATS Village and Gas Authority of India Limited (GAIL) gas pipeline.

The bench said, “Noida will continue to engage with CSIR-CBRI and Edifice Engineering at periodic intervals prior to the date of demolition so that any further requisitions that CSIR-CBRI may have towards the safe conduct of the demolition process are observed.”

Advocate Gaurav Agarwal who is assisting the court said that the issue of compensation and refund to homebuyers is still pending.

Supertech informed the court that it had paid CBRI outstanding fees of 70 lakh. The balance additional amount payable to Edifice will also be disbursed prior to the demolition, said senior advocate Devadutt Kamat appearing for the interim resolution professional for Supertech, as the company is facing bankruptcy proceedings before National Company Law Tribunal (NCLT).