Zero tolerance for constructions violating height regulation near airport: Bombay HC

The Bombay HC had on August 10 directed the BMC to demolish three floors of the building, which is currently occupied by tenants and owners.

By: Express News Service | Mumbai | Published:September 15, 2016 1:20 am

The Bombay High Court Wednesday said there should be zero tolerance for constructions that violate height
regulations around the airport in Mumbai.

A division bench headed by Justice V M Kanade was hearing an application filed by a developer of a residential building near the airport seeking a stay on a previous order passed by the HC directing the BMC to demolish the top three floors of his building owing to height regulation violations.

The HC had on August 10 directed the BMC to demolish three floors of the building, which is currently occupied by tenants and owners. The developer reportedly obtained requisite permissions for construction by tweaking facts about its location. It also overshoots the permissible height limit — the DGCA allowed construction up to 13.9 metres, but the building is 24.7 metres tall.

The developers of the building filed an application seeking a stay on the demolition order and argued that they were not aware if the height regulation was to be calculated from the main sea level or the runway level.

“There will be zero tolerance for such kind of constructions near the airport. You (developer) should have demolished the floors on your own after learning that it is in violation of the height regulations,” Justice Kanade said.