The Supreme Court on Monday refused to take back or modify its order by which it directed Supertech to demolish two 40-storey towers in one of its housing projects in Noida and dismissed the plea of real estate company. Supertech had filed a plea in court proposing the demolition of only one of the two towers.
The apex court said that grant of such a relief is in the nature of a review of the judgement of this court and in various decisions. The filing of applications styled as ‘miscellaneous applications’ or applications for clarifications in the guise for review cannot be countenanced, it emphasised.
A bench of Justices D Y Chandrachud and B V Nagarathna said that there is no substance in the application filed by Supertech Ltd and hence it is dismissed.
“The attempt in the miscellaneous applications is clearly to seek substantive modification of the judgement of this court.
Such an attempt is not permissible in the miscellaneous applications,” the bench said.
Asking the top court to stop the court-ordered demolition of the two 40-storey towers, Supertech said that it has an alternative plan that could save several crores of rupees from going waste and also prove to be "beneficial for the environment".
It sought a stay in the August 31 order of the apex court and claimed that partial demolition of 224 flats of one of the two towers -- from the ground floor to the 32nd floor along with the community area on the ground floor -- will be sufficient to bring the structure in conformity with all the building norms.
If the court accepted the new proposal, it would abide by the fire safety and other municipal norms in a time-bound manner, Supertech had claimed.