HC orders AAI to give height clearance NOC for SRA project in Chembur

The appellate committee had already approved the height, and it cannot be reversed owing to minor discrepancies in undertakings and certificates, the court clarified

MUMBAI: The Bombay high court has directed the Airport Authority of India (AAI) to issue a no objection certificate (NOC) for height clearance to developers undertaking a slum rehabilitation project in Chembur. The appellate committee had already approved the height, and it cannot be reversed owing to minor discrepancies in undertakings and certificates, the court clarified.

HC orders AAI to give height clearance NOC for SRA project in Chembur

Three developers – Paradigm Dotom Buildheights LLP, Jai Bhagwati Developers & Builders, and RK Madhani & Co – are jointly executing a slum rehabilitation project on a plot measuring 13,494.83 square metres in Chembur. The developers had applied for an NOC from AAI and the Slum Rehabilitation Authority (SRA), seeking sanction for the permissible top elevation of the buildings at 84.92 metres above mean sea level (AMSL). The application was approved by the appellate committee of the ministry of civil aviation in 2015, subject to filing of an undertaking.

However, the NOC was subsequently refused due to a few technical deficiencies. The ministry of civil aviation, on December 17, 2020, notified GSR 770E under “the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Amendment Rules, 2020”, subjecting the developers to acquire a revised NOC.

The developers approached the AAI, saying if the height of 84.92 metres was not utilised, three floors of rehabilitation and sale buildings would be reduced and rehabilitation of approximately 142 slum dwellers would be affected. But the AAI refused to give approval citing time lapse and changes in rules, prompting the developers to approach the Bombay high court.

Senior advocate Dr Virendra Tulzapurkar, representing the developers, submitted that the NOC could not be denied to them since they had fulfilled the basic terms and conditions required for the approval of the height of 84.92 metres.

“Now that the petitioners have complied with the requirements, the AAI or its appellate committee cannot categorise their applications as if it was a fresh one, and of a category which would be required to be treated as per the changed norms, notified subsequent to the proposal of the petitioners”, he said.

Advocate Mayur Shetty, representing AAI, reiterated that the permissible height of the buildings is required to be re-decided as per the current norms, based on fresh aeronautical studies. Moreover, revalidating the NOC would lead to a number of parties approaching the court whose NOCs have lapsed, and the AAI would be required to grant approval in respect of such lapsed cases, he added.

After perusing the facts in the case, the division bench of justices GS Kulkarni and Advait M Sethna observed that while the developers never abandoned the project, an occupation certificate was granted for the approved height. Developers cannot be dis-entitled from benefits of revised NOCs based on ministerial lapse, particularly after the appellate committee had taken the decision to permit the height of 84.92 metres.

Subjecting the developers to new norms would be arbitrary, the bench said it its order on Monday, rejecting the contentions of lapsing of either the developer’s application or the decision of the appellate committee in approving the height of 84.92 metres.

The court directed the AAI, the general manager, the appellate committee, and the regional executive director, to issue an NOC to the developers within four weeks. It also rejected the request of authorities to stay the operation of the court’s order, considering the interest of slum dwellers.