Bombay HC holds AAI’s order to reduce height of JVPD buildings

The Bombay High Court (HC) has held the Airports Authority of India (AAI) order to withdraw the no-objection certificate (NOCs) granted for the height of a building constructed in the upscale Juhu Vile Parle Development Scheme (JVPD).

The revocation was retrospective and stayed through an interim order. The revised NOC has reduced the building height to 37 m from the original NOC that permitted 57 m.

AAI granted NOC for carrying out construction up to a limited height under provisions of the Ministry of Civil Aviation, Height Restrictions for Safeguarding of Aircraft Operations Rules 2015. However, AAI cancelled the earlier permission and issued revised permission by reducing the height substantially with the retrospective.

Counsel of AAI, Ajay Khaire, has raised a preliminary objection to the orders and said that the developers had the alternate remedy of filing an appeal against NOC.The HC gave him up to three weeks to file the affidavit and a rejoinder, to be filed a week after and placed the matter for the priority court hearing.

The HC stayed with the revised NOC and announced that if the petitioners carry out any construction on the plot from the date of its order, it would be subject to its further orders at the next time of hearing.

The Maniar Srivastava Associates orders indicate that under the NOC received, it took several steps, obtaining further permissions from the Maharashtra Housing Area Development Authority (MHADA) and other authorities for construction.The developer was given the commencement certificate for the building construction based on the Original Height Clearance NOC.

The developer informed the HC that it had demolished Mangalya Cooperative Housing Society.

The HC said that the petition by the housing society through Saket Mone, an advocate, raised almost identical facts and legal issues. However, the building is yet to be demolished.The HC said that once the permission is received for construction, it would be subject to further orders.

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Also read: Redevelopment near Juhu airport stuck due to height restrictions