THIRUVANANTHAPURAM: When software engineer Aneesh (name changed) bought an apartment in a building beside Akkulam lake four years ago, he never thought it would turn into a bad investment move. He is in a catch-22 situation. Since the Corporation has not given a permanent TC number to his flat, he can neither sell nor hand it over to another party.
It has come to fore that many flats in the region lack permanent TC numbers. As per the Corporation norms, flats or residences with temporary TC numbers cannot be sold to a third party.
Many flat owners in the IT corridor are struggling to sell their properties due to the legal wrangle between the Corporation and the builders over the violation of Airport Authority of India’s (AAI) rules regarding the permissible height for buildings near the airport.
“I have been living here for the past four years. After buying the flat, the Corporation issued me a temporary TC number citing some legal issues. We thought the issue will get smoothened out later. But, the case between the civic body and the builder has worsened with the AAI joining the fray. All these legal wrangles have put our investments in jeopardy. We are helpless and are unable to do anything,” Aneesh said.
The legal issues have affected the maintenance works of the flats in the region. “The builders are not taking care of the flats properly because they are busy fighting the case with the Corporation,” Aneesh added. According to the Corporation authorities, permanent TC numbers can’t be issued to the high-rises at Akkulam and nearby areas since they have been built in violation of the AAI norms.
What AAI regulations say
As per the new regulations of AAI, the regions adjacent to the airport have been marked ‘red.’ In order to build a high-rise near the airport, the builder needs to procure a no objection certificate (NOC) the AAI.
In the areas marked ‘blue,’ a NOC needs to be obtained for constructions above 40 metres from sea level, in areas marked ‘yellow’ a construction above 68 metres will require a NOC from AAI.
Constructions above 80 metres will require NOC in areas marked brown, in ‘dark green’ areas it is 98 metres, ‘orange’ marked areas it is 110 metres, in ‘violet’ areas it is 125 metres and in ‘grey’ areas, it is 140 metres. Two years ago in a report, the Comptroller and Auditor General had pointed out lapses in the height norms prescribed by the AAI. It even named five constructions that had penetrated the Obstacle Limitation Surface - areas where there should not be any obstacles to flight movement.
Govt should intervene: CREDAI
S N Raghuchandran Nair, Member of National Governing Council, CREDAI told Express the government should take a final call on this long-standing issue.“Government should do something on this. It has been learnt when a builder approaches a court, they are directed to New Delhi for an ‘aeronautical study’ in order to get speedy approval. The entire thing smells fishy. The builders are being charged Rs 50 lakh for the study alone. This turns into an additional financial burden for a builder. However, some builders obtained approvals and hence received TC numbers easily. But many others could not cough up that much amount of money. Hence, they took the legal route,” Nair said.
He said this could be a move to sabotage the development of the city. “AAI had written to the Corporation regarding the height issue when they noticed some buildings coming up in the area. But they did not take action against the Titanium plant whose chimney forces aircraft to take a 350 metres detour to land in order to avoid a collision. So I have spoken to the AAI director regarding reducing the height of the radar at the airport to make urbanisation possible,” Nair added.
‘Many builders have failed to obtain NOC’
When Express contacted Thiruvananthapuram Airport Director, George G Tharakan, he said many of the builders in the region have violated AAI norms and they have not applied for NOC. “If a builder has obtained a NOC, the City Corporation has no issue granting TC numbers. But it is learnt, many builders have not obtained NOCs. Hence, it is very evident they are violating the prescribed norms. Moreover, Akkulam area has been categorised as an ‘Air Funnel’ zone,” Tharakan said. Air Funnel Zone is the controlled airspace around an airport where high rise buildings are banned in order to provide a smooth unhindered flight path for the aircraft.
Legal fight is on: Mayor
Corporation Mayor, V K Prasanth said it is the responsibility of the builder to procure all the necessary approvals before handing over a flat to an investor or a beneficiary. “We are tangled in a legal fight with many builders in the city. In fact, I am the one who raised this issue in the Corporation earlier. If they had obtained NOC from the AAI, we would have definitely issued them the TC numbers. But they have been violating norms. Also, they collect a huge sum from the investors before actual construction begins. The temporary TC issued by the civic body gives the builders ample time to clear the legal hurdles. But they are being adamant and are standing firm on their stance that they have built the apartments legally. The builders are blatantly taking the beneficiaries for a ride,” Prasanth said.