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.