New Delhi, Aug 3 Real estate firm Supertech Ltd on Tuesday submitted before the Supreme Court that the Emerald Court owner Resident Welfare Association, which has challenged the construction of two 40 storey towers, is making "unwarranted claims" against the builder.
Senior advocate Vikas Singh, representing Supertech Ltd, submitted before a bench headed by Justice D.Y. Chandrachud that there was no violation of any norms in construction of its twin towers and the resident welfare association is not correct.
"The resident welfare association has been terrorising the builder by making unwarranted claims," he said.
The RWA claimed while constructing twin towers, Supertech flouted the building safety norms and distance criteria, and encroached upon the garden area and blocked their view and sunshine.
Advocate Gaurav Agrawal, appointed as amicus curiae in the matter, said that many home buyers, who have booked flats in the new twin towers were refunded their payment while many have chosen to wait.
The bench, also comprising Justice M.R. Shah, told Singh it is apparent that the towers were constructed by encroaching upon the green common area of the housing society. Singh replied that the association has been raising new points in the court which were never argued before the high court.
"I would like to put everything on the affidavit which I will file on Wednesday morning before the start of court's work," he said, adding that he will continue his arguments.
Agarwal submitted that if court upholds these twin towers have not violated norms, then it will have to look into the problems faced by the residents of these towers.
"Like it was done in demolition of buildings in Kerala's Maradu, the people will have to be evacuated and then the demolition could be done by using explosives," he said.
He recommended that if the court decides the twin buildings are in violation of norms, then it will be better that the builder is asked to pay double compensation to residents.
Advocate Ravindra Kumar, representing NOIDA authority, said that there was nothing wrong in the sanction given to the building plan and no norms were violated at all.
The top court is hearing appeals of Supertech Ltd and other petitions filed by home buyers for or against the Allahabad High Court's 2014 order, which directed demolition of the twin towers for violating norms.
The top court will continue to hear the matter on Wednesday.
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