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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ.
Paradigm Dotom Buildheights Llp, A Limited Liability Partnership Registered – Appellant
Versus
Airports Authority Of India – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. Rule returnable forthwith. Respondent waives service. By consent of the parties, heard finally.
2. This Writ Petition under Article 226 of the Constitution of India raises an issue in regard to the height of the buildings which were proposed to be constructed and for which a NOC of respondent No.1-Airport Authority of India (for short AAI) was required to be obtained by the petitioners. In particular, the challenge in the petition is to the communication dated 6 June 2023 whereby the petitioners are informed by respondent No.2 – General Manager (Aero) Western Region of the AAI, of the decision of the Appellate Committee-respondent No.3, that as the requirements specified in the letter dated 11 June 2016, issued to the petitioner were not fulfilled by the petitioners, hence, a revised NOC for height clearance would not be issued to the petitioners, as considerable time had lapsed. It is stated that the petitioners’ case needs to be reassessed as per the extant rules, and for such reason, the NOC cannot be issued as per the decision of the Appellate Committee dated 28 July 2022. Also that the NOC dated 11 October 2013 issued to the petitioners is no longe
Minor procedural lapses in documentation should not invalidate substantive approvals for building height clearance, as established by prior decisions of the Appellate Committee.
The impugned proceedings were set aside as they were found to be contrary to building permit orders and lacking in factual basis.
Court clarified that height restrictions in construction near military establishments are not applicable if the construction is beyond certain distances established in guidelines. No NOC is required ....
Point of Law : No such 'NOC' from Defence Authority would be necessary if construction is beyond 10 meters from outer wall of defence installation.
NOCs issued before KMBR enforcement retain validity; builders can apply for renewal under Rule 15A despite obtained NOC, which does not equate to a permit.
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