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Supreme Court Directs Demolition of Supertech Twin towers in Noida Within 2 Weeks

The Supreme Court on Monday said the demolition of twin 40-storied towers of Supertech Emerald Court in Noida will begin in two weeks.

Updated: February 7, 2022 5:01 PM IST

By News Desk | Edited by Victor Dasgupta

Supertech Twin Tower, Noida, SC, Supreme Court, UP, Uttar Pradesh,
SC directs Supertech to make refund with interest to home-buyers of Noida's twin towers

New Delhi: The Supreme Court on Monday said the demolition of twin 40-storied towers of Supertech Emerald Court in Noida will begin in two weeks. The top court also directed Noida CEO to convene a meeting of all concerned agencies within 72 hours to finalise the schedule for the demolition of twin towers.

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To recall, the Supreme Court had earlier directed Supertech Ltd to refund payments to the home buyers for the flats, which were ordered to be demolished in its Emerald Court project in Noida, on or before 28 February. It rejected the formula suggested for appropriation in the refund amount by the realty firm and said that the computation formula suggested by amicus curiae Gaurav Agrawal, shall be adopted to ascertain the amount due and payable.

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A bench of Justices DY Chandrachud and Bela Trivedi was hearing a batch of contempt petitions filed by homebuyers alleging that the builder was not complying with the directions of August 31, last year by the top court on the refund with interest and instead of making deductions on the total amount.

The bench said, “In our view, the refund which is due and payable arises from the judgement of this court. At this stage, when the court is exercising its contempt jurisdiction, it would be necessary to provide a solution that is consistent with the tenor of the main judgement, to effect a refund of the amounts which were paid by the home buyers together with interest as directed”.

The bench said that having regard to the nature of directions, which has been issued, by this court, it is inclined to accept the computation, which has been made by the amicus curiae. “Consequently, there is no question at this stage of permitting the developer to carry out an appropriation in the manner indicated in the submissions made by senior advocate S. Ganesh (representing Supertech)”, it said.

The top court said that consideration which had weighed with this court when it had exercised its jurisdiction under Article 142, of the constitution to order a refund are entirely distinct and the interest of justice which weighed with the court in directing the refund must be duly subserved.

“In the circumstances, the developer M/s Supertech shall refund the amounts which are due and payable in terms of the computation which has been set out above as prepared by the amicus curiae on or before February 28″, it said.

It added that payments made towards refunds that have already been made shall be taken due note of in computing the balance which is due and payable.  “The modalities for the payment of the amount is agreed to be sorted out at a meeting which shall be convened between representatives of Supertech, home buyers, and the amicus”, it said.

The top court also clarified that the home buyers, who have not filed contempt petitions before the court, shall also be liable to be paid the refund amount with interest and noted the assurances given by Ganesh that within a week it would be done.

“Don’t make them come to the court with contempt petitions”, the bench told Ganesh, who assured that within a week, if bank details are provided by the home buyers, the amount will be transferred.

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Published Date: February 7, 2022 4:14 PM IST

Updated Date: February 7, 2022 5:01 PM IST