Supertech Limited vs Emerald Court Owner Resident Welfare Association and Others

Court

Supreme Court of India

Date

4 October 2021

Case No.

Miscellaneous Application No. 1572 of 2021

Result

Dismissed

Bench

D.Y. Chandrachud, B.V. Nagarathna

Citation

[2021] 10 S.C.R. 569 : 2021 INSC 599

Headnote

Judgment – Modification of – Applicant sought modification of the judgment and order of the Supreme Court dated 31.08.2021 – Earlier, the Division Bench of the High Court had directed the demolition of Towers 16 and 17 by NOIDA constructed by the applicant – The Judgment of the High Court was affirmed by the Supreme Court – Applicant submitted that since the minimum distance required under the relevant Building Regulations was not complied with and there was violation of the requirement of maintaining a green area under the relevant Building Regulations – The applicant would meet the above two findings by slicing a portion of Tower 17, while retaining Tower 16 so as to ensure compliance of the above two findings – Held: The attempt in the present miscellaneous application was to seek a substantive modification of the Judgment of the Supreme Court – Such an attempt is not permissible in a miscellaneous application – Application u/Or.LV, Rule 6 of the Supreme Court Rules, 2013 cannot be inverted to bypass the provisions of review in Or.XLVII in the Rules 2013 – The miscellaneous application is an abuse of the process – A judicial pronouncement cannot be subject to modification once the judgment has been pronounced, by filing miscellaneous application – Thus, the miscellaneous application is accordingly dismissed.

Delhi Administration vs Gurdip Singh Uban and Others (2000) 7 SCC 296 : [2000] 2 Suppl. SCR 496; Ram Chandra Singh vs Savitri Devi and Others (2004) 12 SCC 713 : [2004] 12 SCR 713 – relied on.

Welfare Association and Other (2021) SCC Online SC 648; Vijay Kurle and Others (2020) SCC Online SC 711; Meghmala vs G Narasimha Reddy (2010) 8 SCC

383 : [2010] 10 SCR 47; Parbhani Transport Cooperative Society Ltd. vs The Regional Transport Authority, Aurangabad & Others AIR (1960) SC 801 : [1960] SCR 177 - referred to.

Nazir Ahmed vs King Emperor (1936) L.R. 63 IndAp

372 – referred to.

The following Order of the Court was passed : 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

View Subscription Plans →