Observing that aviation safety and standards cannot be compromised, the Bombay High Court has refused to direct the BMC to issue a final occupancy certificate (OC) to the Saffron Cooperative Housing Society Ltd unless it shows compliance with the mandated standards.
Chembur highrise flouts norms
Located in Chembur, the highrise falls in the international airport area and towers above the height limit prescribed by the Airport Authority of India (AAI). The developer, Shubham Construction, obtained a commencement certificate from the BMC to construct a building of 56.05 meters above the sea level, which is the prescribed limit by the AAI. However, it went on to construct a highrise of 60.6 meters above the ground level; which is 67.33 meters in actuality.
BMC counsel Anil Sakhare said that pursuant to the HC's orders, the civic body granted partial OC, up to the 11th floor, to the building, subject to the final orders in the writ petition. Anil Anturkar, who has a flat on the 10th floor, moved the court, seeking a final OC. While hearing the plea on January 5, a division bench of Justices Gautam Patel and Kamal Khata emphasised that the height limit prescribed by the AAI must be maintained.
Courts observations
The bench further said that it is for the developer and the society to make an appropriate application to the BMC and equally for the BMC to take steps in accordance with law to ensure compliance with these standards.
“If any authority has powers to direct demolition or removal, the authority is always at liberty to exercise those, notwithstanding any orders that may be filed in this petition,” read a detailed order made available on Monday. It is left open to the developer and the society to initiate appropriate proceedings with regards to flats above the 10th floor, underlined the bench. It clarified that the provisional OC will continue to be valid for the next six months to enable the developer and the society to take necessary steps for adhering to the norms.
As the HC was not inclined to grant relief, Anturkar withdrew the petition.
