Bombay HC stays AAI’s revised NOC to Juhu society reducing construction height – The Indian Express

The aggrieved housing society, along with the developer, approached the HC challenging the same. Juhu Geetanjali Vastushilp Co-operative Housing Society and the developer claimed that they had secured requisite permissions from other authorities based on the first NOC approving building plans of the redeveloped building up to 16 storeys.

A division bench of Justice Ramesh D Dhanuka and Justice Shriram S Modak was hearing the pleas on January 27. Senior advocate Veerendra Tulzapurkar and advocates Saket Mone, Subit Chakrabarti for the petitioners said that after the AAI granted NOC on May 4, 2021, for construction up to 57.13 metre above Main Sea Level (AMSL), they obtained further NOC from Maharashtra Housing and Area Development Authority (MHADA) on July 9 last year, and various authorities for carrying out the construction.

The lawyers submitted that the petitioner has been granted the commencement certificate for carrying out construction on November 9, 2021 on the basis of the original height clearance NOC and has also been granted intimation of approval on July 28, 2021.

The petitioners said pursuant to all such permissions, they had demolished the structures. However, “to the utter shock and consternation of the petitioners,” on January 12, this year, the AAI issued revised NOC, which reduced the original permitted height for construction to 32.27 meters AMSL.

“We have spent substantial amounts on obtaining various permissions and on payment of premium to the authorities and compensation to the members of the society upon demolishing their structures and relocating them,” they argued.

Advocate Ajay G Khaire for AAI raised preliminary objection to the plea and said the petitioners have an alternate remedy by way of filing an appeal against new NOC before competent appellate authority before moving to HC and therefore, the plea was not maintainable .

However, the bench observed in its order, “Upon considering the facts of this case, prima facie, we are of the view that the respondents have no power to cancel the earlier NOC permitting a particular height and to substitute by another NOC with retrospective effect by substantially reducing the height permission already granted earlier. ”

The court allowed AAI to file an affidavit in response within two weeks and directed the petitioners to file rejoinder, if any, within one week thereafter.

Granting an ad-interim relief to the society and developer, the bench stayed the effect of the revised NOC and clarified that if any construction is carried out from January 27 and permissions that would be granted by MHADA, if any, would also be subject to further orders to be passed on the next date of hearing on February 24.