Could there have been any other end to Noida twin towers? An exemplary deterrent penalty on builders and speedier pace of justice to catch their government collaborators in committing illegality of this height? After all, why bring down two housing towers if there's no architectural flaws threatening human lives? Because its environmental impact may not be measured so easily. And, it was the violation of the green belt laws that led to rigging the two towers with 3,700 kg of explosives.
The project
It is in Noida Sector 93A's GH-04. Once a famed builder Supertech built a massive housing society, building two additional towers than it was legally permitted to build. These two towers — 16 and 17 — lie in the green belt.
The storeys lived as a testimony to manipulation by money-merchants, corruption by unscrupulous officers, indifference of the supposed-to-be scrupulous and pedestrian treatment of the cattle class aam aadmi, who is by the way the biggest voter for any government or political party.
This story began in 2004. On November 23, 2004, Supertech was allotted 48,263 square metre land by the New Okhla Industrial Development Authority, known as Noida in abbreviated form, for building a residential complex, Emrald Court.
As per the New Okhla Industrial Development Area Building Regulations and Directions 1986, the Authority approved the building plan for the construction of 14 storeys on June 20, 2005.
Supertech was originally given approval to build a total of 14 towers, each with ground+plus+nine (10) storeys at a capping height of 37 metres
A year later, on June 21, 2006, the Authority allotted 6,556.51 square metre land to Supertech under the same conditions.
The project was revised three times — 2006, 2009 and 2012— increasing the number of floors and towers. By the time the third revison came for 8nclusion of the tallest towers, now bombed to the ground, the original plan had been modified to accommodate 15 towers of 14 storeys. The two new towers got approval for 40 towers each. Both these towers remained incomplete — one with 29 and the other with 32 storeys.
Too FAR in law
Every builder is given a Floor Area Ratio (FAR). During 2004-06, Supertech was given 1.5 FAR but as per rules, only a new allottee can be given 2 to 2.75 FAR.
The Floor Area Ratio (FAR) was purchased twice for a total of Rs 23 crore — Rs 15 crore and Rs 8 crore.
FAR is legally binding but practically what happens is once a builder pays the money, the government officials are not there to bother you.
In Supertech's case, the FAR increased by 33% on second project revision in 2009 — from 1.5 to 1.995.
And on October 25, 2011, Supertech secured another expansion FAR for Rs 15 crore from 1.995 to 2.75.
A charge was that Supertech got FAR increased by bribing the officials.
If you were a homebuyer
Supertech presented a different Emerald Court plan to homebuyers in November 2009. It presented to them a plan housing complex plan that had 14 towers, each of 25 storeys (ground included) and a T 16 — a shopping complex (ground plus structure). The height was to reach up to 73 metres. A clear rejection of what had been legally approved.
Emerald Court dragged to court
After 2012-revison that included 40-floor towers — Apex and Ceyane, which, Supertech claimed, met the Noida construction requirements of 2010. The problem was that the Residents’ Welfare Association (RWA) was not convinced. It moved to the Allahabad High Court before the end of 2012. It petitioned the high court that Supertech violated by the UP Apartment Owners Act, 2010 by constructing the Twin Towers.
The Twin Towers occupied an area designated for a garden in the original brochure given by Supertech. The petitioner told the court that the additional buildings, approval for which was allegedly taken through bribes, were separated by less than 16 metres, another violation of law.
After hearing argents from both sides, the Allahabad High Court ordered in 2014 the demolition of the Twin Towers. It also directed Supertech to return homebuyers their money with an interest of 14%. The high court ordered to seal the Twin Towers.
However, as it came out during the Supreme Court hearing, the construction continued despite the high court's seal order.
In August 2021, the Supreme Court upheld the high court judgement. And instead of keeping the buildings sealed, it ordered them demolished.
In February this year, the Noida informed the Supreme Court that demolition process was underway and that it would be completed by August 22. Later, an extension of a week was given by the Supreme Court, with an additional buffer period of a week if the demolition process got disrupted by weather conditions.
Fixing responsibility
Following the Supreme Court order, the Yogi Adityanath government set up a special investigation team (SIT) in September 2021. The SIT submitted its report in October 2021, finding involvement of 26 officials. The government suspended three.
Could it have been avoided?
Possibly, yes had Supertech adhered to the rules and stayed honest in its business. But this could be too much to ask. If a business were to be honest wouldn't the proprietors prefer to do a government or a private sector job! They come into business to make profit, big money. In this hot pursuit of money, the rule of law that is meant to protect the aam aadmi and aurat is twisted or blinded.
Another way to avoid it was change of rules. Had the Noida wanted it could have changed the land use rules and allowed the construction legally. Environmental laws could have been meandered to legalise the illegality.
But even this didn't happen. And Noida Twin Towers, taller than Delhi's Qutub Minar, met their premature demise.
In nutshell, Supertech violated the law, bribed officials, manipulated the buyers flouted environmental laws (remember environment assessment requirements of 2005-06?) and issued occupancy certificates without structural safety and environmental assessment studies.
For those interested in politics, a coincidence: Supertech project got began in 2004 after the Congress-led UPA government came to power at the Centre and its fate sealed in 2014 after the Modi government came to power at the Centre. This is not to suggest that there's a connection between the two events.
I was tempted to compile the names of officials found to be involved in the Supertech illegality but curbed the urge. It's system that's is ailing not the individuals who keep the system in motion as its part.
