Supertech demolition: SC imposes Rs 5 lakh cost on petitioner seeking alternate direction

The Supreme Court on Monday imposed a cost of Rs 5 lakh on a petitioner seeking an alternative direction, other than demolition of the 40-storey twin towers of Supertech in Noida. A bench headed by Justice D.Y. Chandrachud noted that in August last year, the top court had passed a judgment issuing directions to demolish Supertech's twin towers in Noida, on the ground of serious violation of building control regulation. The bench, also comprising justice Sudhanshu Dhulia, said the judgment has attained finality. Justice Chandrachud said the purpose of the petition is to seek a consequence, which is contrary to the judgment, and imposed a fine of Rs 5 lakh on the petitioner.

The bench questioned the petitioner's counsel, once the judgment has reached finality how could a PIL be entertained in the matter. It said the jurisdiction under Article 32 has now been invoked seeking alternative direction other than twin towers demolition, and termed the petition as "manifestly perverse". It said the fine will be used for the welfare of advocates who were impacted by Covid. The plea was filed by organisation, Centre for Law and Good Governance.

Last week, the Central Building Research Institute (CBRI), Roorkee told the Supreme Court that it has not received information regarding structural audit of nearby buildings, impact of vibration generated due to the blast, post demolition debris etc.

The Noida authority informed the Supreme Court that Supertech's Twin Towers will be demolished on August 21. Senior advocate Ravindra Kumar, representing Noida authority, said that they have filed a status report on what has happened since the last meeting.

The top court was informed that Edifice Engineering assured that the demolition would take place on August 21. However, D.P. Kanungo, a scientist at the CBRI, informed the top court that the institute has not received complete information regarding the demolition of twin-towers, and also a sum of Rs 70 Lakh as fee.

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The top court had asked the Noida authority to take help from the CBRI in connection with the demolition process.

After hearing detailed arguments in the matter, the top court told the CBRI scientist to write an email to concerned parties in the matter regarding the information which is required, and asked Noida authority to convene a meeting of all parties on August 6.