Saffron Co-operative Housing Society, a developer based in Mumbai, filed a petition to ease aviation height restrictions, but the Bombay High Court rejected it, citing the indisputable nature of aviation safety regulations. In response to a petition submitted by a society member, the Brihanmumbai Municipal Corporation (BMC) withheld the occupancy certificate owing to non-compliance. Justices Gautam Patel and Kamal Khata delivered the court's verdict. The ruling mandates the developer and the housing society to reduce the building's height by 11.06 meters within six months to align with aviation safety requirements and other planning regulations.
In a significant ruling, the Bombay High Court has firmly denied a Mumbai-based developer, Saffron Co-operative Housing Society, any relaxation from aviation height restrictions for its high-rise building in Chembur village. The division bench of Justices Gautam Patel and Kamal Khata, underscored the inviolable nature of aviation safety standards, asserting that they cannot be compromised under any circumstances. The refusal came in response to a petition filed by Anil Anturkar, a member of the housing society, who sought relief after the occupancy certificate for the building was withheld by the Brihanmumbai Municipal Corporation (BMC) due to non-compliance with aviation height restrictions.
An essential aspect of the case revolves around the regulations set by the Airports Authority of India (AAI), which restrict the permissible height of buildings in Chembur village to 56.27 meters above the main sea level. This measurement takes into account the site elevation when calculating the building's height. In the Saffron Co-operative Housing Society's case, the developer, Shubham Construction, had been granted a Commencement Certificate by the BMC to construct a building with a height of 56.05 meters. However, the actual construction exceeded this approved limit, reaching 60.60 meters above ground level and 67.33 meters considering the site elevation of 6.73 meters.
The court emphasized the need to align the building with aviation safety requirements, necessitating a reduction of 11.06 meters. Consequently, the responsibility lies with the developer and the housing society to submit a suitable application to the BMC. The court stressed the importance of the civic body taking appropriate legal steps to ensure compliance not only with aviation safety standards but also with all other planning regulations, norms, policies, and standards.
Acknowledging the housing society's withdrawal of the petition after the BMC granted partial occupancy provisions for the building up to the eleventh floor, the court granted a six-month timeframe for the developer and the society to rectify the structure. This period allows them to take the necessary steps to bring the entire building within regulatory limits. Additionally, the court directed the BMC not to issue a final Occupancy Certificate (OC) unless and until there is total compliance with mandated aviation safety standards and all other relevant regulations.
In conclusion, the court's ruling underscores the paramount importance of adhering to aviation safety standards in urban development projects and serves as a reminder to developers to comply with height restrictions to ensure the safety of air traffic in the vicinity.
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