The Supreme Court of India dismissed a plea filed by the Airports Authority of India (AAI) challenging a Bombay High Court decision that allowed increased height limits for a significant slum rehabilitation project in Mumbai’s Chembur area.
The decision has paved the way for the construction of 30 proposed towers, which are part of a much-needed redevelopment initiative aimed at transforming the Lal Dongar slum. The dispute centred around the height clearance required for the project, which the AAI argued could pose a risk to aviation safety due to the proximity of the redevelopment to the flight paths of Mumbai’s international airport. However, the Bombay High Court had earlier ruled in favour of the developers, instructing AAI to grant a No Objection Certificate (NOC) for the height clearance. The court noted that the project had already received approval from an appellate committee under the Ministry of Civil Aviation in 2016, a significant milestone that was crucial for the developers.
The Supreme Court bench, consisting of Justices P.S. Narasimha and Joymalya Bagchi, upheld the Bombay High Court’s ruling, rejecting the AAI’s appeal. The apex court observed that there was no need to interfere with the High Court’s decision, emphasising the importance of judicial consistency when high-level regulatory approvals had already been granted. The AAI had argued that granting the clearance without further scrutiny would lead to delays in the issuance of the NOC, particularly as some of the documentation submitted by the developers was incomplete. However, the Supreme Court found the objections raised by AAI to be technical in nature and insufficient to block the project, especially considering the extensive approvals already secured by the developers.
The ongoing project, which began in 2010, aims to build a total of 30 towers, including rehabilitation buildings for approximately 700 slum dwellers, alongside several free-sale buildings. While two of the rehabilitation towers have already reached 15 floors, with two free-sale towers standing at 11 floors, the developers are now looking to expand the height limits as part of the revised norms introduced in 2020. These new norms allowed the construction of towers up to 84.93 metres above mean sea level (AMSL), an increase over the previously agreed height restrictions. The legal battle revolved around a specific technical detail – the submission of an undertaking by the developers, which the AAI claimed lacked certain minor details, such as the names of signatories and witness addresses. However, the Bombay High Court dismissed these objections, stating that such minor lapses should not be grounds for delaying a project that had already received essential approvals from the relevant authorities.
The developers, who include Paradigm Dotcom Buildheights LLP, Jal Bhagwati Developers & Builders, and R.K. Mhedhni & Co., had originally sought clearance for the height increase from the AAI and the Slum Rehabilitation Authority (SRA). The issue began when they requested an increase in the height limits, citing the revised norms. While the developers had secured the necessary clearance from an appellate panel under the civil aviation ministry in 2016, AAI’s objections, based on formal details, delayed the process significantly. The Supreme Court’s decision has provided significant relief to the developers and has opened the door for the continuation of this critical slum rehabilitation project, which forms a part of Mumbai’s broader efforts to address housing shortages and improve living conditions for its underprivileged residents. By removing the barriers to the height clearance, the ruling helps maintain the momentum of the project, which has already been ongoing for over a decade.
This ruling also has broader implications for the real estate sector in Mumbai, particularly in relation to slum redevelopment initiatives. It highlights the growing tension between infrastructure development, regulatory compliance, and the needs of a rapidly expanding population. As Mumbai continues to deal with housing challenges, slum rehabilitation projects like this one represent a vital strategy to provide homes for the city’s most vulnerable citizens while also ensuring that urban growth remains sustainable. For real estate stakeholders, the ruling underscores the importance of obtaining all necessary regulatory approvals and navigating the often complex legal frameworks surrounding high-rise development in urban areas. It also reinforces the need for clarity in the processes governing construction projects and the importance of eliminating bureaucratic delays that can obstruct much-needed housing initiatives. The decision by the Supreme Court, in essence, reflects the balancing act between ensuring safety and fostering development, particularly in a densely populated and infrastructure-challenged city like Mumbai. The ruling reinforces the need for expeditious clearance processes, especially when projects are aligned with long-term urban development goals, such as enhancing housing availability and improving the living conditions of the urban poor.
As this redevelopment project progresses, it will be watched closely by stakeholders in the real estate sector, the city administration, and residents alike, with a keen eye on how future slum rehabilitation projects may be impacted by this precedent. Ultimately, this ruling signals a more streamlined approach to complex urban development issues, paving the way for more efficient, sustainable, and equitable urban growth in Mumbai and beyond.
Supreme Court Clears Path for Chembur Slum Redevelopment Towers
