VidhiSangh

Supreme Court of India · 04/10/2021

SUPERTECH LIMITED versus EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION AND OTHERS

[2021] 10 S.C.R. 569 · 2021 INSC 599

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court dismissed Supertech’s miscellaneous application seeking to replace demolition of two towers with retention of one and partial demolition of the other. That relief would substantively alter the final judgment and was a review in substance, despite its description as modification. The inherent-powers provision could not be used to bypass the prescribed review procedure. The application was held an abuse of process, leaving the earlier demolition judgment undisturbed.

Issues

  1. Whether a miscellaneous application could replace the final demolition directions with a materially different proposal.
  2. Whether the Court’s inherent powers permitted bypassing the procedure prescribed for review.

Provisions considered

Held

Result

Miscellaneous application dismissed; the earlier judgment and its demolition directions remain undisturbed.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 569.