Construction at the two towers (T-16 and T-17) is complete till the 21st and 17th storeys. Supertech has sold nearly 600 flats in the towers, but there is no occupancy yet.
The High Court directed the developer to bear the cost of demolition. Besides, the developer has been ordered to refund the buyers money, along with 14 per cent compound interest, within three months.
Further, the court directed that the officials of the Noida Authority, who gave the sanction for the construction, be identified and prosecuted against under the provisions of the Uttar Pradesh Industrial Development Area Act 1976 and UP Apartments Act, 2010.
The High Court order came on a petition filed by Emerald Court Owner residents Welfare Association. While passing the order, the bench of Justices V K Shukla and Suneet Kumar rejected the developers plea that a lot of expenses had been incurred in construction and several people had bought those flats.
It has repeatedly come to the notice that builders, by joining hands with the officers of the development authorities, openly flout every conceivable rule, including building regulations. The builder is always under the impression that once the frame of the building is illegally constructed, the court can be persuaded to take a sympathetic view and permit the construction even though in total breach of legal provisions, the bench said.
The court added that the builders are taking advantage of the situation, in which land prices are sky rocketing and there is scarcity of land for group housing.
Taking advantage of the situation, the builder lobby is exploiting peoples needs by setting up illegal construction and the unfortunate part of this is that it has active assistance of the officers of the development authority; the time has come when everyone should realise that rule of law is not a purchasable commodity and illegalities will not be tolerated merely because the builder has taken protection against the sanction which admittedly is illegal and in violation of building regulations, the court said.
The court added that such acts affect various fundamental and constitutional rights of other persons. It also leads the common man to be convinced that laws are enforced only for the poor, while those having money power or knowing people in the power corridors can get anything done, the court said.
Amit Saxena, counsel for the petitioner, said, Our grievance was that, by adding extra towers, the basic safety norms of the other building blocks were being compromised. Fire tenders could not cross between the two buildings. Besides, vital needs such as proper light and air were being blocked and the parking space was also being violated.