SUPERTECH LIMITED Vs. EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION
LAWS(SC)-2021-8-53
SUPREME COURT OF INDIA
Decided on August 31,2021

Supertech Limited Appellant
VERSUS
Emerald Court Owner Resident Welfare Association Respondents

JUDGEMENT

DR DHANANJAYA Y CHANDRACHUD,J. - (1.) Leave granted. A Factual and procedural history A.1 The appeals
(2.) These appeals have arisen from a judgment of a Division Bench of the High Court of Judicature at Allahabad dated 11 April 2014, upon a writ petition(Writ Petition (Civil) No 65085 of 2012) instituted by the first respondent, the Residents ' Welfare Association("RWA") of Emerald Court Group Housing Society("Emerald Court").
(3.) By its judgment, the High Court directed: (i) The demolition of Towers -16("T-16"/"Ceyane") and 17("T-17"/"Apex") by the third respondent, New Okhla Industrial Development Authority("NOIDA"), in Emerald Court situated on Plot No 4, Sector 93A, NOIDA constructed by the appellant, Supertech Limited("Supertech"); (ii) The cost of demolition and removal would be borne by the appellant, failing which NOIDA shall recover it as arrears of land revenue; (iii) Sanction for prosecution under Section 49 of the Uttar Pradesh Urban Development Act 1973("UPUD Act 1973"), as incorporated by Section 12 of the Uttar Pradesh Industrial Area Development Act 1976("UPIAD Act 1976"), shall be granted for the prosecution of the officials of the appellant and the officers of NOIDA for possible violations of the UPIAD Act 1976 and Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010("UP Apartments Act 2010"); and (iv) Refund by the appellant of amounts invested by purchasers who had booked apartments in T-16 and T-17, with interest at fourteen per cent, compounded annually. ;


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