In a significant ruling, the Bombay High Court (HC) emphasised that aviation safety standards are non-negotiable. The court rejected a plea from a developer seeking a waiver of aviation height restrictions for a high-rise building in Chembur.
The division bench of justices Gautam Patel and Kamal Khata denied exemption for Saffron Co-operative Housing Society. They stated clearly that aviation safety and standards cannot be compromised under any circumstances.
Anil Anturkar, a member of the housing society, had filed a petition with the court. He had been allocated a unit on the tenth floor. Anturkar approached the court when the Brihanmumbai Municipal Corporation (BMC) did not grant him an occupancy certificate, citing that it did not follow aviation height regulations. This caused a delay in the issuance of the building's occupancy certificate.
The Airports Authority of India has limited the allowable height of buildings in Chembur to 56.27 metres above sea level. Shubham Construction, the developer of Saffron CHS, received a Commencement Certificate from BMC to erect a building with a height of 56.05 metres. But when the structure was erected, it stood at 60.60 metres above ground level. The building's height increased to 67.33 metres with a site elevation of 6.73 metres.
Hence, the court ruled that the building must be reduced by 11.06 metres to comply with aviation safety regulations. The developer and the society were directed to submit the necessary application to the BMC. The court further ordered the civic body to take legal action to ensure compliance with these standards and all other rules.
The court also directed the BMC not to issue a final occupancy certificate for the block until there is proof of compliance with mandated standards. The developer and the housing society were given six months to bring the building within height limits.
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