In order to fully understand this “super” case of corruption and irregularity in public life, it may be necessary to go down memory lane, or else one would be groping in dark and get carried away by quick fire analysis akin to that of certain self proclaimed experts with supplementary reporting and comment by media and social media.
2) It may be recalled that in June 2005, original plan to build fourteen towers each with nine floors and 550 flats is reported to have been submitted by the top builder, Supertech to NOID Authority. However, in December 2006, this plan was changed to build fifteen towers having 689 flats in keeping with what the builder called, the “provisions of NOIDA Building Byelaws of 1996”.But in November 2009 , when construction was actually undertaken, two more towers, namely, Apex and Ceyane with 24 floors each were added. As if this was not enough, by March 2012, total number of floors was increased by Supertech to 40 each in the twin towers. As these changes appeared abrupt, the Emerald Court Owners Resident Association moved Allahabad High Court in December 2012 stating that the builder had not taken the required sanction of homebuyers for changing the plan(later mandated by U.P. Apartment Act,2010)and proposed towers were to come up in less than mandated distance of 16 meters from an existing building. By this time, 13 floors of twin towers had been already built.
2014 Order of Allahabad High Court
3) In April 2014, the towers were sealed after the High Court ordered their demolition and refund to buyers with 14% interest. It also held that the NOID Authority had colluded with Supertech to construct towers in question. But the relief to buyers turned out to be a short lived affair ,as
the NOID Authority and Supertech moved the Supreme Court claiming unfortunately that “no norm was flouted”. Homebuyers too petitioned the apex Court for seeking refund of their money, regularisation of towers or the plea to the Court to shift them to another project. The towers in the meanwhile, had attained the height of 32 stories.
Supreme Court Order of 31st August,2021
4) The Supreme Court finally gave its remarkable pro-people judgement on 31st August 2021, slamming NOID Authority for its shocking MISUSE OF POWERS to sanction construction of two towers(as late as 2014). The Court was also pleased to uphold order of demolition given earlier by the Allahabad High Court. Additionally, the Supreme Court was not convinced by the argument of Supertech that it had sought consent through the builder- buyer agreement executed with Emarald Court owners.
In its landmark judgement, the apex Court directed demolition by Supertech in three months. Expenditure was to be borne by them. Flat owners of two towers were to get refund @ 12 % interest in two months and payment of an amount of Rs.2 Crores by Supertech to the Resident Welfare Association was to be made within a month(presumably to take care of their legal expenses).
COLLUSION BETWEEN NOIDA & SUPERTECH
5)The Court was also pleased to state that the record of case was replete with instances which highlighted the COLLUSION between the officers of NOIDA with the appellant(Supertech) and its management. Further, the case had revealed a NEFARIOUS complicity of the planning authority for violation of the provisions of law by the developer.
CULPABILITY OF THE OFFICIALS
6) Strangely, after such an indictment, as regards culpability of officials, only a few lower ranking engineers involved in “planning” have been suspended and that to the best of one’s knowledge, no action has been taken against any non technical or administrative officer so far. FIR’s were also registered after instructions of the Supreme Court but no follow up action appears to have been taken. Strangely, the authorities instead of arresting the named 26 officials, are waiting for “routine replies”. List of 26 includes four Directors of Supertech and two Architects. Let us see if any major penalty action against the former CEO’s and their deputies are also taken. It is not only NOIDA, wherever such authorities have created , those tend to become dens of corruption.
7) Now that the illegal twin towers have been brought down by controlled implosion with surgical precision by using 3,700 kg of explosives by the Edifice Engineering group and their guide & partners Jet Demolitions of South Africa, it could be stated that it has taken a fairly long time from the date of judgement of the Supreme Court. Also there was no necessity for a foreign consultant , as such an expertise is very much available in the country. Afterall, demolition of this nature has been carried out in immediate past in Kerala and a few other places already and many manual and mechanical demolitions keep happening on a daily basis in metros of the country.
Technique of Implosion
8) By implosion, a structure is safely brought down when floors collapse into each other in what is called a “waterfall effect”. In this method explosives are arranged into specially dug holes in such a way that the whole structure falls inwards towards its centre of gravity. A building collapses in a matter of seconds leading to a massive cloud of dust and debris by minimizing the physical damage to structures located in surrounding areas
(though in case of demolitions in Sector 93A of NOIDA, window panes in 16 flats were cracked and a boundary wall of a Society closely located was also damaged).
Earliest known case of demolition of a sky scraper according to Internet inputs was in 1908 when a 47 floor building was demolished in New York. In the same city, another 52 floor building was brought down in 1960. Thereafter, a 52 floor building in Singapore in 1986 and another 100 odd storey building was razed to ground in Lebanon.
Ball Lies In The Court Of NOIDA
9) With ill fated Supertech towers reduced to a heap of rubble , NOID Authority has been reported to have shifted its focus to 100 odd high rise buildings(against a total of 300 plus sky scrappers in over 165 sectors of G.B.Nagar Dist.), the maps for which were approved between 2009 and 2014. NOID Authority has been reported to be “confident” of razing any housing society or project that may have been raised in flagrant violation of building laws and bylaws.
10) Though the CEO of NOID Authority has now stated that they insist on consent letter from buyers before approving a new phase in an existing project or clearing the map, ground reality is completely different. Not only the builders lobby is openly hand in glove with officers and staff of the Authority with the support of local politicians, they do not care for the interest of the buyers before or after giving possession. Illegal graft in the name of” penalty” is charged by them from honest senior citizens or else they refuse to sign the Deed of Registration. They, in addition fail in completing painting and white washing works on the exteriors of the towers.
Monetary Return From Demolition
11)An amount of Rs.19 Crores has been spent on demolition of Supertech towers, of which out of their share of Rs.15 Crores, Supertech have released only Rs. 4 Crores to the demolishing company. A good deal of money is expected from 85,000 tonnes of debris to be taken out in the next 90 days. After whatever settles in the basement of erstwhile structures, debris will be recycled into tiles, slabs, bricks and other items needed for modern constructions. Steel to be retrieved can be also reused. A construction and demolition waste plant with a capacity to process 300 metric tonnes of waste daily has been already set up at Sector 80 in NOIDA in May 2020.
Plight of the “Top” Builder
12) Supertech is reported to have invested Rs.500 Crores in five years to construct 951 flats and 21 shops with the hard labour of engineers, supervisors and workmen. It blew off in a matter of 9 to 12 seconds. But the company appears undettered, as it has reportedly delivered 70,000 flats in last forty years and its Chairman is” determined ” to give delivery of 7000 more units by December 2022 under its “Mission Completion-2022”.
13) It may be also necessary to examine the source of money both on the part of builders and buyers. Builders being a clever and mischievous lot are not very much in loss even if a Court orders them to refund money to buyers in the event of a failed project.Since barely 50 to 60 percent payment is made by flat owners by cheque or bank transfer, builder becomes liable to return only what is on record. Needless to say, a big deal of cash earned through unfair means gets invested in flats in the NCR. And one should not believe always the cock and bull stories narrated by prospective owners before an Authority or a Court. Investing in more than one flat has unfortunately become the latest fad of novo rich which needs to be stopped immediately. This will not only arrest mushrooming of real estate but may ensure a roof to actual Needy, apart from reducing congestion and pollution of all kinds.
14) Contribution of real estate into the GDP of the country may have increased substantially over the years but it has to be done in a fair and transparent manner without further harming the environment.
Behaviour Pattern Issues
15) Also the highly pampered residents of these gated communities may have to learn suitable behaviour pattern. Many incidents reported in the media every now and then would reveal that a hue and cry is raised by the flat owners in all situations: if it is hot, if it is cold, if it rains, if electricity goes off even for a minute or two, if lift is out of order for a while and what not ? Semblance of mutual respect ,patience and tolerance has to be shown, if one is living in a community set up. When elders behave in a particular way ,their offspring tend to follow suit by duly holding a cell phone even while walking, playing, cycling or swimming.
Last but not the least, issue of pampering pets in lifts, park, along common paths, playing loud music and making the area filthy in these societies is posing fresh challenges which can not be solved by the District administration or Police. Residents need to think and come out with their sane behaviour and resolve the day today issues in an amicable fashion. They, perhaps need to also show a considerate attitude towards private security and service personnel .
About the Author : Dr. Aaloc Srivastav, Ex CS , Sikkim is a Senior Retd Bureaucrat and passionate about writing on his favourite subjects . The views shared by the author are his personal.
