In a major development, real estate major Supertech has moved to Supreme Court seeking the demolishing of only one tower against its earlier verdict of the demolition of the both towers in the Emerald Court Twin Tower case. A report by SURFACES REPORTER (SR).
The real estate firm has informed the court in its petition that the demolition of one tower could ensure the compliance of minimum distance requirements as per the National Building Code (NBC) and will save the environment as well.
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A major blow
On August 31 this year, Supertech received a major blow as the Apex court ordered it to demolish the 40- storey Emerald Court Twin Towers located in sector 93A, Greater Noida West. The court observed that the construction has been done illegally without taking cognizance of the minimum distance requirement as well as consent from the individual flat owners, a mandate by the UP Apartment Act. According to the order the towers should be demolished within three months under the guidance of Central Building Research Institute (CBRI) while all expenses must be borne by the builder. Through its order, the Supreme Court had upheld a 2014 verdict of the Allahabad High Court directing the demolition of the Emerald Court project.
In its review petition however Supertech has said that "while it is not challenging the legality or substance of the August 31 judgment but is only seeking a modification to save ‘crores of rupees’”. According to the petition, by demolishing the T17 tower, the minimum distance requirement from the other building, T1, could be achieved while the other tower, i.e., T16 can be retained as it is already at a distance of 43 metres from T1 and is not illegal. It also notes due to the proximity of T17 with other towers, it has to be demolished brick by brick without using the explosives causing a major impact on the surrounding environment and large wastage of resources.
The petition also mentions that not only crores of rupees can be saved but also huge amount of resources including steel, cement as well labour will not be reduced to scrap with the demolition of the single tower. The builder also adds issue of the 'Environmental Damage' in the petition making a note of the debris that will fill the already overburdened landfill sites and add to the existing carbon footprints. The petition further states that these suggestions, if accepted will lead to the relief of the current residents and accommodation to allottees can be provided while ensuring that other residents will not face further issues due to the demolition of the towers.
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