Case Note & Summary
The petitioners, developers implementing a slum rehabilitation scheme in Chembur, Mumbai, sought a revised No Objection Certificate (NOC) from the Airport Authority of India (AAI) for building height of 84.92 meters AMSL. The AAI had initially granted a NOC for 56.90 meters on 11 October 2013. On appeal, the Appellate Committee on 27 August 2015 approved the height of 84.92 meters, and on 11 July 2016 issued an authorization letter for revised height clearance, subject to submission of an undertaking in Form 1E. The petitioners submitted the undertaking on 29 August 2016, but the AAI pointed out that the name of the signatory and addresses of witnesses were missing. The petitioners did not immediately rectify this. Meanwhile, the project continued, and the petitioners obtained numerous permissions from the Slum Rehabilitation Authority (SRA) and other authorities between 2020 and 2023. On 6 June 2023, the AAI informed the petitioners that the revised NOC would not be issued because the requirements of the 11 June 2016 letter were not fulfilled and considerable time had lapsed, and that the NOC dated 11 October 2013 was no longer valid. The petitioners challenged this communication and the underlying decision of the Appellate Committee dated 28 July 2022. The Bombay High Court held that the requirement to furnish the name and addresses was procedural and not substantive; the petitioners had substantially complied by submitting the undertaking. The delay was not solely attributable to the petitioners, as the project was ongoing and permissions were being obtained. The court also noted that the Ministry of Civil Aviation (Height Restrictions) Amendment Rules, 2020, which came into force on 18 December 2020, did not apply retrospectively to the authorization granted in 2016. The court quashed the impugned communication and the Appellate Committee's decision to the extent of Item No.18, and directed the AAI to issue the revised NOC for height of 84.92 meters AMSL within four weeks, treating the authorization letter dated 11 July 2016 as the final NOC.
Headnote
A) Administrative Law - Height Clearance - NOC - Substantial Compliance - The issue pertained to refusal of AAI to issue revised NOC for building height on ground of non-compliance with procedural requirements (furnishing name of signatory and addresses of witnesses in Undertaking 1E) and lapse of time - Court held that the requirement was procedural and not substantive, and the petitioner had substantially complied by submitting the undertaking; the delay was not solely attributable to the petitioner as the project was ongoing and permissions were being obtained from other authorities - Held that the impugned communication dated 6 June 2023 and the decision of the Appellate Committee dated 28 July 2022 to the extent of Item No.18 were quashed and set aside, and the respondents were directed to issue the revised NOC for height of 84.92 meters AMSL within four weeks (Paras 1-27). B) Administrative Law - Legitimate Expectation - Estoppel - The petitioner had acted upon the authorization letter dated 11 July 2016 granting height clearance of 84.92 meters AMSL and obtained numerous permissions from SRA and other authorities, investing substantial funds - Court held that the respondents could not resile from their earlier decision and were estopped from denying the revised NOC - Held that the authorization letter dated 11 July 2016 was to be treated as the final NOC (Paras 10-27). C) Interpretation of Statutes - Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Amendment Rules, 2020 - The Rules came into force on 18 December 2020, after the authorization was granted in 2016 - Court held that the Rules did not apply retrospectively to the petitioner's case as the authorization was granted prior to the Rules - Held that the respondents could not rely on the Rules to deny the NOC (Paras 14, 27).
Issue of Consideration
Whether the Airport Authority of India (AAI) was justified in refusing to issue a revised No Objection Certificate (NOC) for building height on the ground that the petitioner failed to comply with procedural requirements (furnishing name of signatory and addresses of witnesses in Undertaking 1E) and that considerable time had lapsed, and whether the NOC dated 11 October 2013 could be treated as valid for further processing.
Final Decision
The court allowed the writ petition. The impugned communication dated 6 June 2023 and the decision of the Appellate Committee dated 28 July 2022 to the extent of Item No.18 were quashed and set aside. The respondents were directed to issue the revised NOC for height of 84.92 meters AMSL within four weeks from the date of the order, treating the authorization letter dated 11 July 2016 as the final NOC.
Law Points
- Substantial compliance
- Procedural requirements
- Estoppel
- Legitimate expectation
- Administrative law
- Height clearance
- NOC
- Slum rehabilitation
- Airport Authority of India
- Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Amendment Rules
- 2020
