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The Bombay High Court says Zero tolerance for height norm violations near airports

The Bombay High Court today said zero tolerance will be adopted for any kind of construction that comes up in violation of height regulations near both domestic and international airports in the city.

A division bench headed by Justice V M Kanade made the observation while hearing an application filed by the developer of a residential building near the international airport.

In the application, the developer has sought a stay on an order passed by the HC directing the Brihanmumbai Municipal Corporation (BMC) to demolish the top three floors of the building built in violation of height regulation norms.

The HC, on August 10, asked the civic body to demolish three floors of the building, developed by SAILEE Developers Pvt Ltd, as it is very close to the runway and overshoots the permissible height limit. The DGCA allowed construction up to 13.9 metres, but the building is 24.7 metres high.

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

The HC, however, refused to accept the argument and said the developers have earlier also misrepresented facts before the authorities and constructed buildings.

“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.

The HC posted the application for further hearing on September 20 along with the two petitions on height violations around the airport. The demolition was ordered on August 10 during a hearing on them.


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