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2021 Supreme(SC) 1191

D. Y. CHANDRACHUD, B. V. NAGARATHNA
Supertech Limited – Appellant
Versus
Emerald Court Owner Resident Welfare Association – Respondent


Advocates appeared:
For the Appellant : Mr. Mukul Rohatgi, Sr. Adv., Mr. Mahesh Agarwal, Adv., Mr. Anshuman Srivastava, Adv., Mr. Rishabh Parikh, Adv., Mr. E.C. Agrawala, AOR
For the Respondent: Mr. Jayant Bhushan, Sr. Adv., Mr. Anish Agarwal, AOR, Ms. Vanshika Gupta, Adv., Ms. Meenakshi Garg, Adv., Mr. Ketan Paul, Adv., Mr. Tushar Bhushan, Adv., Mr. Amartya Bhushan, Adv., Mr. Bhakti Vardhan Singh, Mr. Ravindra Kumar, Mr. Ravi Prakash Mehrotra, Mr. Ravindra Raizada, Sr. Adv., Mr. Rajeev Kumar Dubey, Adv., Mr. Ashiwan Mishra, Adv., Mr. Kamlendra Mishra, AOR, Mr. Tarun Gupta, AOR, Ms. Prachi Mishra, Adv., Mr. Chaitanya Bansal, Adv., Mr. Tushar Bathija, Adv., Mr. Arjun Garg, Adv.

ORDER :

1. A miscellaneous application has been filed by Supertech Limited seeking modification of the judgment and order of this Court dated 31 August 2021. The reliefs which are sought in the Miscellaneous Application read thus:

    “(a) Modify the Judgment dated 31.08.2021…to the extent that the Applicant may demolish a part of tower T-17 as stipulated in paragraph 6 hereinabove;

    (b) Pass an order of status quo in respect of Towers 16 & 17 in Emerald Court, Plot No. 4, Sector 93A, NOIDA till final orders are passed in the present application.”

2. A Division Bench of the High Court of Judicature at Allahabad directed the demolition of Towers 16 and 17 by the third respondent, New Okhla Industrial Development Authority, in Emerald Court constructed by the applicant and situated on Plot No 4, Sector 93A, NOIDA. While affirming the judgment of the Division Bench, this Court has recorded the following conclusions in its judgment, which is reported as Supertech Limited vs Emerald Court Owner Resident Welfare Association and Others, 2021 SCC OnLline SC 648:

    “185. To summarize our findings, the documentary materials referred to and analyzed in this judgment indicate that:

    (i) The land allotted to

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