Mumbai: The Bombay High Court has directed the Airports Authority of India (AAI) to issue a No Objection Certificate (NOC) permitting a height of 84.92 meters AMSL to three developers involved in the redevelopment of three slum societies in Chembur.
The court ruled that a procedural lapse in submitting an undertaking cannot be grounds for withholding the NOC or subjecting the project to new height regulations. The order clears the way for early rehabilitation of 142 slum dwellers.
A bench of Justices Girish Kulkarni and Advait Sethna was hearing a petition by M/s Paradigm Dotom Buildheights LLP, Jai Bhagwati Developers & Builders, and M/s RK Madhani & Co. They are redeveloping Ekta SRA CHS, Panchsheel SRA CHS, and Vishwa Gautam SRA CHS, under a Slum Rehabilitation Authority (SRA) scheme. The developers sought to quash a June 6, 2023 communication from the AAI, which stated that a revised NOC could not be issued due to the passage of time and the need for reassessment under new norms.
The court observed that the developers were granted an NOC in 2013 for a height of 56.90 meters AMSL. However, following an appeal, the Appellate Committee of the AAI authorised a revised height of 84.92 meters AMSL in 2016. The developers were required to submit an undertaking in Form 1E, which they did, but it was found incomplete as the name of the signatory and addresses of witnesses were missing. The AAI requested corrections in August 2016, but the revised undertaking was not submitted until March 2, 2024.
The court held that such a “ministerial lapse cannot be held against the petitioners, so as to dis-entitle them from the benefits of the revised NOC of 84.92 meters AMSL granted by the Appellate Committee.” It added that “this was merely a procedural requirement for the purpose of record” and could not be considered a substantial lapse.
The court rejected the AAI’s argument that a fresh aeronautical study was needed, stating that the petitioners should not be “relegated to the applicability of the new norms of height, when the height was already determined as also there are several adjoining buildings with similar heights.” It further noted that the delay in granting the NOC was affecting the rehabilitation of 142 slum dwellers.
The HC directed the AAI to issue the NOC within four weeks and refused to stay its order, despite a request from AAI’s counsel. “Considering the facts and circumstances of the case and that the project is a slum project which is already delayed, we reject the request for a stay,” the court stated.
