Memories of Noida’s Supertech Twin Towers demolition have resurfaced after the Allahabad High Court ordered the razing of two residential towers and unauthorised floors in four others at the Gulmohar Greens housing society in Ghaziabad. The October 27 ruling has once again brought the spotlight on alleged illegal construction, regulatory lapses and the rights of homebuyers.
In the Gulmohar Greens matter, the court directed the Ghaziabad Development Authority (GDA) to demolish Towers 27 and 28, each comprising five floors and 40 apartments, as well as the ninth and 10th floors of Towers 16, 17, 18 and 19. It also ordered an FIR against the promoter, Friends Land Developers, for alleged fraud and statutory violations, and called for action against public officials involved in the approval process. The demolition must be completed within two months.
In this case, the court also imposed a penalty of ₹25 lakh on the promoter and directed the builder to refund the sale price of common areas to 85 ground-floor residents, along with construction costs and 10% interest. It also ordered the GDA to pay ₹50,000 each to 11 petitioners.
The Gulmohar Greens project dates back to 2006, when SVP Builders India joined hands with Friends Land Developers to develop the housing complex. Originally planned as 34 towers, each with eight storeys and 904 apartments, the project faced objections. The GDA cancelled the building-plan approval in July 2010, but construction had already progressed substantially.
The dispute eventually reached the Allahabad High Court in 2025, after residents challenged alleged unauthorised construction and encroachment on common areas. The court found that the promoter had misrepresented facts and sold common areas to apartment owners. It also noted that the project had remained incomplete despite development beginning nearly two decades ago, and that the builder had not obtained a completion certificate.
The Gulmohar Greens order brings back memories of the Supertech Emerald Court case in Noida, where the Supreme Court ordered the demolition of the Apex and Ceyane towers in 2021. The towers were razed on August 28, 2022, after violations of building regulations and collusion between the developer and the Noida Authority were established.
However, not all demolition cases involve the same circumstances. The Chintels Paradiso incident in Gurugram involved structural safety concerns after a portion of Tower D collapsed in February 2022, killing two residents.
The Maradu apartment demolitions in Kerala, meanwhile, highlighted the consequences of construction in violation of Coastal Regulation Zone norms, despite permissions granted by local authorities.
Bengaluru’s SNN Raj Etternia presents a different scenario: the developer has voluntarily decided to demolish and rebuild an 18-storey tower after it developed a tilt, despite having received an Occupancy Certificate and sold all 49 apartments.
Legal experts say these cases underline the need to balance enforcement of building regulations with protection of apartment owners who purchase homes relying on sanctioned plans and statutory approvals.
Where unauthorised construction affects common areas, ventilation, light, spacing requirements or other rights of apartment owners, the consequences extend to individuals who have purchased their homes in reliance on the sanctioned plans and the applicable legal framework, they say.
A developer’s commercial interests cannot automatically override the legal rights of apartment purchasers. At the same time, demolition is not necessarily the remedy for every deviation from an approved plan. Courts must assess the nature and seriousness of the violation, the rights affected, and whether corrective measures can address the problem, legal experts say.
The larger question is one of accountability: when developers violate building norms and regulatory authorities fail to prevent unauthorised construction, homebuyers should not be left bearing the financial and legal consequences, they add.
This newsletter is written by Vandana Ramnani. You can reach her at vandana.ramnani@htdigital.in
