Mumbai: The Bombay High Court has stated that the Indian Airport Authority (AAI) Prima Facie has no authority to attract the NOCS certificate (NOCS) given to the height of a building to be built in the upper-class Juhu Vile (JVPD) development scheme (JVPD).
It was also said that the revocation was retrospective and remained through the temporary commandment, the NOC revised which reduced the height to 37 meters from the original NOC which was allowed 57 meters.
HC bench from Judge R D Dhukuka and SM modest are hearing two separate petitions submitted by Armaan Real Estate Pvt Ltd and Juhu Gitanjali Vastushilp Co-operative Housing Society Ltd to challenge AAI’s actions.
AAI case: Citizens who were cheated, could not live in uncertainty, said the complaints of the Konsellashort Soc in this almost identical petition was that after the AAI or airport authorities in India gave them NOC to carry out construction to certain heights under the Ministry’s provisions.
Civil flights (altitude restrictions to maintain aircraft operations) Regulation, 2015, the same-AAI authorities – cancel the previous nod and issue revised permits by “reducing the height substantially with a retrospective effect.” HC, consider the facts and listen to Pravin Samdani’s senior adviser and Veerendra Tulzapurkar for the applicant, “Prima Facie, we hold that (AAA and General Manager (ATM) of the Western Region) do not have the power to cancel previously NOC allowing certain heights and substantially with other NOCs With a retrospective effect by reducing the high permissions that have been given earlier.
“Aai Counsel Ajay Khaire raised an introductory objection to the petition, said the developers had alternative drugs to appeal against NOC.
He looked for time to submit Affidavit.
The High Court gave him three weeks to submit a written statement and answer, if any, to be submitted one week after and put a problem for priority hearing on February 24.
HC, still clarified that if the applicant committed any construction on the plot that was questioned from the date of the order, it would submit to further orders on the next hearing.
The petition by the developer through Maniar Srivastava Associates Prima Facie shows that based on the NOC received on May 4, 2021, it took a few steps to obtain further permission from the authority of the development area of ​​Maharashtra (MHADA) – the owner of the plot – in July and other authorities for construction.
Developers are given the certificate of starting for construction on November 9, 2021 based on the original NOC high permission, which will allow for a 16-storey building.
Based on all permits, the developer told HC that he had destroyed a building called Mangalya Cooperative Housing Society.
The community, represented by Arun Panicker Advocates, rented land by Mhada for 99 years in 1960 and had 13 members living in two multilevel buildings before they were destroyed for reconstruction.
Senior Counselor of the Neuri Birendra for the community said residents had been intentional since last year and are now unable to live under uncertainty.
HC said the petition by the housing community despite the advocate of Saket Mone raised the facts and legal issues that were almost identical.
The building has not been destroyed, and HC said after permission was received for construction, it would be subject to further orders.