Aviation height restrictions can’t be compromised under any circumstances: HC

The Bombay High Court has refused to allow a developer in Mumbai to apply for relaxation from aviation height restrictions for a high-rise building in Chembur village. The court stated that aviation safety standards cannot be compromised. The developer and housing society have been given six months to bring the building within regulatory limits.

MUMBAI: The Bombay high court (HC) on Friday refused to allow the developer of a high-rise building in Chembur village to apply for relaxation from aviation height restrictions, observing that aviation safety standards cannot be compromised under any circumstances.

Mumbai, India - Jan. 8, 2024:Shubham Safforn CHS, at Chembur, in Mumbai, India, on Monday, January 8, 2024. (Photo by Anshuman Poyrekar/ Hindustan Times) (Hindustan Times)

“We make it abundantly clear that these are matters of aviation safety and standards and cannot be compromised under any circumstances,” said the division bench of justice Gautam Patel and justice Kamal Khata while refusing the relief for Saffron Co-operative Housing Society. “We will not permit or grant liberty to make an application for a relaxation of this height restriction,” the bench added.

The court was hearing a petition filed by Anil Anturkar, a member of the housing society, who has been allotted a flat on the tenth floor. Anturkar had moved to the high court last year after the occupancy certificate for the building was held up by the Brihanmumbai Municipal Corporation (BMC) for want of compliance with aviation height restrictions. Anturkar, however, withdrew the petition as the BMC has already granted provisions for a part occupancy certificate for the building up to the eleventh floor.

In Saffron CHS’ case, the developer, Shubham Construction, had obtained a Commencement Certificate from BMC to construct a building of 56.05 meters in height, but constructed a building of 60.60 meters above ground level. With site elevation of 6.73 meters, the height of the building went to 67.33 meters.

The bench said to bring the building into compliance with the aviation safety requirements, it has to be reduced by 11.06 meters and it is for the developer and the society to make an appropriate application to BMC and for the civic body to take steps in accordance with law “to ensure compliance with these standards” as also with all other planning regulations, norms, policies and standards.

The court has granted six months to the developer and the housing society “to take necessary steps to bring the entire structure within regulatory limits” and has also directed the BMC to not issue a final OC for the building unless and until there is demonstrated compliance with these mandated standards.