Thread by @barandbench

#SupremeCourt to hear a plea by Real estate company, @Supertechltd seeking modification of the top court's August 31 judgment by which the Court had directed the demolition of the 40-storey twin tower building of Supertech's Emerald Court project at Noida @noida_authority

Justice Chandrachud: how can this be maitainable?

Sr Adv Mukul Rohatgi: we are seeking to implement the order.

SC: You want to keep T16 and demolish T17, this is not maintainable. you cant file an MA when a judgment has been delivered

Justice BV Nagarathna: its like seeking implementation of the verdict on your own terms

Justice Chandrachud: its just not on marginal distance. its on other aspects

Rohatgi: one is distance and one is the green area issue

Rohatgi: first two issue of distance and green area, i am proposing to meet them. I am saying i will slice the building top to bottom that is T17. So the area becomes half. it will become slimmer by half and distance also increases then as per ordered by court

Rohatgi: i am providing an alternate solution as to how distance and green area objective can be met

Sr Adv Jayant Bhushan: its a review. HC had ordered the demolition and you upheld it. if they keep a part of building then it is review.

Bhushan cites a precedent case where modification sought was held to be a review

Bhushan: what cannot be directly can never be done indirectly. such modifications are sought to avoid the matter being listed in chambers.

Bhushan: they never argued this point earlier. this was never raised during hearing. they said everything is legal. they did not raise it that stage. here it is review and review has to go to chambers

Bhushan: they are seeking an absolute review of the judgment and you had held buildings 16 and 17 needs to be demolished in entirety.

Bhushan: these are not minor modifications or alterations. These 40 story buildings will block the air and light for other residents... all existing buyers have fixed undivided interest... now they say they will add more than double no of buyers.. thus interest will also change

Bhushan: They will violate the section which says you cannot make many alterations, also undivided interest.
All the common areas, unbuilt areas are being encroached upon. Those common areas are going away.

#SupremeCourt

Bhushan: If you are not seeking review, this application cannot succeed.

ORDER: the Judgment of this court had specifically affirmed the Judgment of the Allahabad HC for the Demolition of T16 and T17, in assence what is sought is the retention of T16, the grant of such relief is in the nature of review petition.

ORDER: The attempt in the plea is clear to seek amendment, the attempt is not permissible in Miscellaneous Application and there is no substance in the same.

#supremecourt dismissed Supertech's modification application.