Buildings near airport: Bombay High Court says act against those violating height norms

Thebombay High Court was informed that the appellate authority for height clearance headed by joint secretary of Ministry of Civil Aviation was not adhering to the norms laid down in terms of approving Floor Space Index.

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The High Court has directed all planning authorities like the Brihanmumbai Municipal Corporation (BMC), Slum Rehabilitation Authority, etc to ensure that while calculating their height, special equipment should be used by them. (File)

The Bombay High Court Thursday directed that “urgent action” should be taken against buildings violating height norms around the Mumbai airport at Santacruz. A division bench headed by Justice VM Kanade was hearing a Public Interest Litigation pertaining to 112 buildings flouting height restrictions in the funnel zone of the airport.

“In terms of any violation with respect to the funnel area, prompt action will have to be taken as per the law. Appropriate action should also be taken against those who are responsible for such violations. We direct the Directorate General of Civil Aviation (DGCA) to complete the exercise of issuing notices to all 112 owners and all other procedure within three months,” said Justice Kanade.

The court said that no object such as an antenna or pole should be allowed to obstruct the flight path. The bench also said that builders should try adhering to height restrictions in such areas, adding that the steps being taken at Santacruz airport should be taken at the upcoming airport at Navi Mumbai too.

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The court was informed that the appellate authority for height clearance headed by joint secretary of Ministry of Civil Aviation was not adhering to the norms laid down in terms of approving Floor Space Index. “In the funnel area, height of buildings should be calculated from the mean sea level. The appellate authority should not exercise any discretion within the funnel area and within 4 km of the runway. No aeronautical surveys should be carried out and no concessions should be granted in the funnel area,” said the court. Additional Solicitor General Anil Singh appearing for the Airports Authority of India told the court that no discretion was being exercised in cases where such buildings were constructed in the funnel area.

The court has directed all planning authorities like the Brihanmumbai Municipal Corporation (BMC), Slum Rehabilitation Authority, Maharashtra Housing and Area Development Authority, granting NOCs for such buildings to ensure that while calculating their height from mean sea level, special equipment should be used by them. “All such buildings should calculate the height again while granting occupation certificate for such buildings,” said Justice Kanade.

During the last hearing, the court had directed the BMC to initiate demolition of a private residential building near the international airport runway over several violations including height violations and to register an FIR against the developer of the project within the next 48 hours. The court Thursday directed the BMC to ensure that the demolition is initiated and has asked photos to be filed in this regard.

The BMC has also been asked to mark out the Inner Horizontal Surface — the highest point on the usable landing area — of the airport in the draft DP.

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