Dedicated locality research platform
Enter your email address and you will receive
a link to reset your password
The Bombay High Court has dismissed Maharashtra Housing and Area Development Authority's (MHADA) plea seeking relaxation of height restrictions for a proposed 40-storey building near Mumbai's International Airport.
Justices Gautam Patel and Kamal Khata underscored the paramount importance of civil aviation safety in their decision, noting that the appellate authority of the civil aviation ministry expressed concerns regarding the proposed building's height near the airport.
MHADA had proposed constructing 560 low-cost housing units in a building reaching 115.54 meters above the mean sea level (AMSL), or nearly 40 floors, at Kopri village, Powai. The site falls within the 4km radius of the airport, prompting regulatory scrutiny.
On February 10, 2020, an Airports Authority of India committee allowed a height of 58.48m AMSL, later increased to 96.68m by the appellate authority on December 15, 2021.
The high court observed that MHADA's challenge to the reduction in height would result in a decrease in the number of tenements to 392. The judges emphasized that MHADA cannot claim a legal or constitutional right to a taller building, stressing that civil aviation safety standards apply universally.
The court expressed reluctance to accept the idea of oversized MHADA towers not posing potential dangers to aircraft taking off or landing at Chhatrapati Shivaji Maharaj International Airport.
Highlighting the sloped nature of Airports Authority of India-specified height restrictions – lower heights closer to the airport – the judges deemed the appellate authority's order favorable to MHADA. They asserted that MHADA is not being selectively targeted for height curbs, and if permitted, such relaxation would have to be extended to every other applicant or developer.
The high court rejected MHADA's petition, stating, "Such a petition was never to have been filed and certainly not by a responsible public authority." The decision underscores the importance of adhering to aviation safety standards and sets a precedent for responsible urban development near airports.
Propscience is India’s dedicated property news portal. We cover the latest events, news, trends, deals, new launches and more.
All our services and tools are completely free of cost and available 24X7!
We use cookies to give you the best possible service while using our website, please click accept and carry on browsing if you're happy with this. For more information see our Privacy Policy.
Okay, Got it!This disclaimer ("Disclaimer") is applicable to the entire Site. Upon entering the Site it is recommended that you immediately read the Terms and Conditions and Privacy Policy listed therein. Your continued usage of this Site will indicate your unconditional acceptance of the said Terms and Conditions and Privacy Policy. You hereby agree that Propscience reserves the right to modify at any time, the Terms and Conditions and Privacy Policy governing this Site without prior notification. Your usage of the Site implies that you will be bound by any such modification. You agree and acknowledge that it is your responsibility to periodically visit the Site and stay updated with the Terms and Conditions and Privacy Policy of the Website.
The information contained in this Site has been provided by Propscience for information purposes only. This information does not constitute legal, professional or commercial advice. Communication, content and material within the Site may include photographs and conceptual representations of projects under development. All computer-generated images shown on the Site are only indicative of actual designs and are sourced from third party sites.
The information on this Site may contain certain technical inaccuracies and typographical errors. Any errors or omissions brought to the attention of Propscience will be corrected as soon as possible. The content of this Site is being constantly modified to meet the terms, stipulations and recommendations of the Real Estate Regulation Act, 2016 ("RERA") and rules made thereunder and may vary from the content available as of date. All content may be updated from time to time and may at times be out of date. Propscience accepts no responsibility for keeping the information in this website up to date or any liability whatsoever for any failure to do so.
While every care has been taken to ensure that the content is useful, reliable and accurate, all content and information on the Site is provided on an "as is" and "as available" basis. Propscience does not accept any responsibility or liability with regard to the content, accuracy, legality and reliability of the information provided herein, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information. No information given under this Site creates a warranty or expands the scope of any warranty that cannot be disclaimed under applicable law.
This Site provides links to other websites owned by third parties. Any reference or mention to third party websites, projects or services is for purely informational purposes only. This information does not constitute either an endorsement or a recommendation. Propscience accepts no responsibility for the content, reliability and information provided on these third-party websites. Propscience will not be held liable for any personal information of data collected by these third parties or for any virus or destructive properties that may be present on these third-party sites.
Your use of the Site is solely at your own risk. You agree and acknowledge that you are solely responsible for any action you take based upon this content and that Propscience is not liable for the same. All details regarding a project/property provided on this Site are updated on the basis of information available from the respective developers/owners/promoters. All such information will not be construed as an advertisement. To find out more about a project / development, please register/contact us to visit the site you are interested in. All decisions taken by you in this regard will be taken independently and Propscience will not be liable for any such loss in connection with the same. This Site is for guidance only. Your use of this Site - including any suggestions set out in the Site and or any use of the resources available on this Site, do not create any professional - client relationship between you and Propscience. Propscience cannot accept you as a client until certain formalities and requirements are met.
We use cookies to give you the best possible service while using our website, please accept it and continue browsing if you're happy with this. For more information see our Privacy Policy