Protect height clearance NOC to tall buildings, say builder lobby | Mumbai news - Hindustan Times
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Protect height clearance NOC to tall buildings, say builder lobby

Jul 27, 2023 12:50 AM IST

The representation was made by the CREDAI-MCHI, the developers’ body representing 1,800 builders in the Mumbai Metropolitan Region (MMR), to the Civil Aviation authorities. Height clearances are assessed and issued as per the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules and an NOC valid for a particular period is issued to the developer

Mumbai: A builders’ body has demanded that once the aviation authorities grant the height clearance for tall buildings near the Mumbai airport, the approved height should not be altered even if the 12-year validity of the no objection certificate (NOC) has lapsed.

HT Image
HT Image

The representation was made by the CREDAI-MCHI, the developers’ body representing 1,800 builders in the Mumbai Metropolitan Region (MMR), to the Civil Aviation authorities.

Height clearances are assessed and issued as per the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules and an NOC valid for a particular period is issued to the developer.

Once the height clearances are issued, the project promoter obtains requisite approvals and starts construction. During the under-construction period, the developer markets the project after duly registering it with MahaRERA and creates third party rights by selling the flats in the project.

Once the structure is completed, the developer invites the local airport operator, Mumbai International Airport Ltd (MIAL), to measure the final height and certify that it is within the height specification prescribed by the aviation NOC.

“However, it is noticed that at the time when the structure is completed and when the MIAL is called for certifying the height of the structure as constructed, the MIAL insists that the NOC has to be valid on the date of measurement. And if the validity period of the NOC has expired, then the MIAL insists that the NOC valid on the date of final measurement has to be produced.

“This requires reassessment of height by the Airport Authority of India (AAI), even though the structure is already constructed within the permissible limits as prescribed by the NOC issued,” said the representation sent to the regional executive director (Western Region) of AAI.

Developers said the AAI issues the height clearance after assessing the maximum permissible top elevation, and all requirements of aviation safety parameters.

“The granting of height clearance for a structure that is going to remain at that location for decades could not have been done on the basis that the height can be revised after 12 years...and then revalidation of such NOC should not be required at all, irrespective of the time required to complete the structure...” said the CREDAI-MCHI representation.

It also cited recent Bombay High Court judgments pertaining to environmental clearances which held that once consent to establish and operate is issued during the validity of the environmental clearance already granted, it is not required to be extended or validated.

Stating that same principle needs to be applied to height clearances, the representation requested the AAI to direct MIAL to approve the final height as prescribed by the NOC without insisting on extended validity of the NOC.

The representation was discussed at a stakeholders’ meeting on July 17 chaired by JT Radhakrishna, regional executive director of AAI, where the MIAL as well as CREDAI-MCHI representatives were present.

When this issue was raised at the meeting, the MIAL denied that its representatives have refused site inspection of buildings over valid NOC issue, and urged CREDAI-MCHI to report any such refusals in writing to the MIAL in future.

On the demand that once issued the height clearance, the NOC should be protected, the AAI officials said the issue was beyond its jurisdiction and should be raised with the AAI headquarters and the Ministry of Civil Aviation (MoCA).

The MoCA had on July 10, 2023, issued a notification proposing the maximum period of validity for the NOC up to 12 years and had invited suggestions/objections. CREDAI-MCHI is likely to communicate their point of view to the ministry.

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