In a significant ruling, the Bombay High Court has ordered the Airport Authority of India (AAI) to grant a no objection certificate (NOC) for height clearance to a slum rehabilitation project in Chembur, Mumbai. The court’s decision supports the development rights of three firms collaborating on the project, despite technical disputes over the height clearance previously approved by the appellate committee.
The project, a joint venture among Paradigm Dotom Buildheights LLP, Jai Bhagwati Developers & Builders, and RK Madhani & Co, spans a 13,494.83 square meter area and aims to rehabilitate local slum dwellers. The developers initially received approval for a building height of 84.92 meters above mean sea level (AMSL) from the ministry of civil aviation’s appellate committee in 2015. This clearance was crucial to accommodate the construction of additional floors vital for the project’s economic feasibility and the rehabilitation scope, which includes housing for about 142 slum dwellers.
However, the approval process hit a roadblock when the NOC was revoked due to minor technical deficiencies and a subsequent change in regulations under the “Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Amendment Rules, 2020”, notified on December 17, 2020. The AAI declined to revalidate the NOC, citing these issues, which led the developers to challenge the decision in court.
Senior advocate Dr. Virendra Tulzapurkar argued on behalf of the developers that the NOC denial was unfounded as all requisite conditions had been met, and that treating their application under the new norms as if it was a new submission was unjust. Advocate Mayur Shetty, representing the AAI, contended that the permissible height needed reevaluation based on current aeronautical studies and that revalidating the NOC could set a precedent affecting other lapsed cases.
The division bench, comprising Justices GS Kulkarni and Advait M Sethna, ruled that subjecting the developers to revised norms after they had adhered to the previously stipulated requirements would be arbitrary. The court emphasized that the developers had sustained their project efforts and an occupation certificate had been issued for the approved height. Therefore, they should not be deprived of the benefits due to a ministerial oversight.
Rejecting the AAI’s argument regarding potential implications for other lapsed NOCs, the court directed the AAI and its appellate committee to issue the required NOC to the developers within four weeks. It also declined the request to stay the execution of this order, citing the interests of the slum dwellers reliant on the project’s completion for their rehabilitation.
