In Brief
Supertech Limited constructed two residential towers (Apex and Ceyane/T-16 and T-17) in the Emerald Court housing complex in NOIDA without maintaining the legally mandated minimum distance between the new towers and an existing tower (T-1). The Court held that the sanctions granted by NOIDA violated building regulations (NBR 2006, 2010, and NBC 2005) which required 16-36.5 meters distance but only 9 meters was maintained. The Court rejected the developer's argument that the towers formed a single 'building block' exempt from distance rules, and found no 'dead end sides' exception applied. The construction also violated flat purchasers' rights by eliminating promised common areas without consent and reducing their undivided interest in shared facilities. The Court directed demolition within three months at the developer's cost and mandated refunds with 12% interest to all purchasers, finding collusion between the developer and planning authorities.
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