The company has maintained that all requisite approvals, building sanction plans and NoCs from the Airports Authority of India and fire department were in place for the construction of the two towers of the Emerald Court House, which is spread over 14 acres. It said that the HC had failed to consider that the towers were part of the same building block and could not have been two separate building blocks.
Even if they were separate blocks, the HC failed to see that the builder had complied with the National Building Code 2005 with regard to open spaces as well, the petition stated.
Home buyers in Supertech's Emerald Court towers through Dhirender Sharma had moved the apex court against demolition of the two towers, Apex and Ceyane, in Noida's Sector 93A. The two 40-storey towers have 857 apartments, out of which 600 have been sold. The Emerald Court House has 15 other towers, fully built with residents living in them. The buyers in their petition stated that the HC had not given them hearing at the time of passing the demolition orders and they should be impleaded as parties in the case.
Sources told FE that NoidaAuthority, which was pulled up by the High Court for allowing the construction of the two towers, may file its SLP on Thursday. It is likely that all the three petitions will be heard together on May 5, the date when the buyers' petition is coming for hearing.
While ordering demolition of the two towers on April 11, the HC had asked the builder to refund money to the buyers with 14% interest compounded annually. It also directed the prosecution of the builder and officials of Noida Authority. On April 15, the authority sealed the two towers, which are at an advanced stage of construction 21 floors have been built in Apex and 17 in Ceyane.
The HC had accepted the stand 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.
While it moved the apex court, Supertech CMD R K Arora has given buyers in the two towers three options - a cash refund at 14% compounded interest as ordered by the court, a shift to any other ongoing Supertech project proportionate with the investment in Apex and Ceyane, or continue in the same project and wait for the legal outcome.
Arora also reassured the buyers that despite Supertech's decision to move the Supreme Court, the refund process will not be affected.