The Airports Authority of India (AAI) has been ordered by the Bombay High Court to grant three developers working on the reconstruction of slum communities in Chembur a No Objection Certificate (NOC) permitting a height of 84.92 meters AMSL. The decision opens the door for 142 slum dwellers to begin their early rehabilitation.
A bench comprising Justices Girish Kulkarni and Advait Sethna ruled that a procedural lapse in submitting an undertaking could not be used to withhold the NOC or subject the project to new height regulations.
Under the Slum Rehabilitation Authority (SRA) program, M/s Paradigm Dotom Buildheights LLP, Jai Bhagwati Developers & Builders, and M/s RK Madhani & Co. submitted the plea. They are redeveloping Ekta SRA CHS, Panchsheel SRA CHS, and Vishwa Gautam SRA CHS. On the basis that the project needed to be revaluated in accordance with new standards, the developers attempted to contest an AAI communication dated June 6, 2023, that refused providing a revised NOC.
The court noted that the developers were originally granted an NOC in 2013 for a height of 56.90 meters AMSL, which was later revised to 84.92 meters AMSL in 2016 by AAI’s Appellate Committee. However, the revised NOC required the submission of an undertaking in Form 1E, which was initially incomplete due to missing details of the signatory and witnesses. AAI requested corrections in August 2016, but the revised undertaking was only submitted on March 2, 2024.
The undertaking was only a record-keeping formality and not a substantive necessity, the court said, ruling that this delay was a minor procedural matter and could not be grounds for denying the developers their entitlement to the increased height clearance.
Rejecting AAI’s argument that a fresh aeronautical study was necessary, the court emphasized that the petitioners should not be subjected to new height restrictions, especially when nearby buildings had similar approvals. It also highlighted that further delays were hindering the rehabilitation process for slum dwellers.
Despite AAI’s motion, the High Court denied a stay of its decision and mandated that AAI provide the NOC within four weeks. “Given the circumstances and the fact that this is a delayed slum rehabilitation project, we reject the request for a stay,” the court asserted.
This decision strengthens the significance of equitable procedural enforcement in urban planning and is a major step towards accelerating the rebuilding process.
Source: The Free Press Journal
