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The Supreme Court dismissed a special leave petition filed by the Airports Authority of India (AAI) against a Bombay High Court judgment that permitted increased building heights in a slum rehabilitation project in Chembur, Mumbai. The High Court had directed AAI to issue a No Objection Certificate (NOC) for the height clearance after an appellate committee had already approved the plan. AAI argued it would face hardships without reversing the HC verdict, but the apex court refused to interfere. The project involves 30 towers, including rehabilitation and free-sale buildings, developed under a joint venture.
The Supreme Court earlier this week dismissed a special leave petition filed by the Airports Authority of India (AAI) challenging a Bombay High Court decision that allowed increased height limits for a slum rehabilitation project in Chembur's Lal Dongar area. The High Court had previously directed AAI to issue a No Objection Certificate (NOC) for height clearance, stating that the project had already received approval from an appellate committee under the aviation ministry. Advertisement
A bench comprising Justices P S Narasimha and Joymalya Bagchi declined to intervene, observing that there was no need to interfere with the High Court's ruling. AAI had approached the apex court, arguing that if the HC order was not set aside, it would face operational difficulties and delays in granting NOC. It claimed considerable time had lapsed and that the developers' compliance lacked certain details, such as names of signatories and witness addresses in the undertaking.
However, the Bombay High Court dismissed these objections as overly pedantic. The court noted that the appellate panel had already approved the height proposal as far back as mid-2006. The bench held that minor technical lapses in the submitted undertaking could not be grounds to deny the developers the benefits of a revised height clearance.
The redevelopment project involves 30 proposed towers, including four rehabilitation buildings for approximately 700 slum dwellers, along with three free-sale buildings. Two of the rehab towers have already been constructed up to 15 floors, and two free-sale buildings up to 11 floors. The developers involved in the joint venture include Paradigm Dotcom Buildheights LLP, Jal Bhagwati Developers & Builders, and R K Mhedhni & Co, who began the project in 2010.
Last year, the builders approached the High Court again seeking approval for increased height limits under revised norms introduced in 2020. They had earlier applied to the AAI and the Slum Rehabilitation Authority (SRA) for clearance to construct up to 84.93 metres above mean sea level (AMSL). This height proposal was approved in 2016 by an appellate panel under the civil aviation ministry, subject to the developers providing an undertaking to adhere to risk mitigation measures.
The High Court, while granting relief, reaffirmed that the absence of minor formal details in the paperwork could not be used to block or delay clearances, especially when statutory authorities had already greenlit the proposal in principle.
The Supreme Court's decision reinforces judicial consistency in matters where technical clearances have already received high-level approvals. For real estate stakeholders in Mumbai, especially those engaged in slum redevelopment under the Slum Rehabilitation Authority (SRA), the ruling provides clarity and strengthens precedent against bureaucratic delays.
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