Restrictions on height of buildings near Thiruvananthapuram airport cripple realty sector

Flat owners caught in legal battle between corp and builders over violation of AAI rules
Thiruvananthapuram Airport (File | EPS)
Thiruvananthapuram Airport (File | EPS)

THIRUVANANTHAPURAM: The height restriction rule set by the Airports Authority of India (AAI) for buildings in the vicinity of Thiruvananthapuram airport is posing hurdles for builders and those who want to buy flats. Many flat owners in Akkulam and Kazhakootam are struggling to sell their properties as they have been caught in a legal wrangle between the corporation and the builders over violation of AAI rules regarding the permissible height for buildings near the airport. Since AAI rules are uniform to all airports in the country, Thiruvananthapuram airport is the worst hit as it is located in the heart of the city.

Sources said that a particular apartment building at Akkulam lacks permanent TC numbers. As per corporation norms, flats or residences with temporary TC numbers cannot be sold to a third party. So many of the flat owners in this particular apartment cannot sell or take loans pledging their property due to the issue.

Sreejith N (name changed), a flat owner, said that he was struggling to sell the flat due to issues related to approval from the corporation on TC. “ This is a long-standing issue. We approached the builder many times. After buying the flat, the corporation issued me a temporary TC number citing legal issues. We thought the issue could be sorted out later. But, the case between the civic body and the builder has worsened with the AAI joining the fray. Now I am in a catch-22 situation as I can neither sell nor hand it over to another party now,” he said.

Legal issues have also affected the maintenance work of flats in the apartment building. There are a few other apartment and commercial buildings which could not start their operations due to the issue. Since NH 66 bypass is turning out to be a commercial nerve centre, the delay in giving approvals will hamper the prospects of future vertical development of the city.

According to corporation authorities, permanent TC numbers can’t be issued to high-rises if they were built violating AAI norms. “We can only give building permits after obtaining an NOC from AAI. We have no other option than working as per norms,” said Binu Francis, corporation secretary.

S N Reghuchandran Nair, president, Trivandrum Chamber of Commerce and Industry, (TCCI) said that Hong Kong and Mumbai airports are located in city and take offs and landings are being done amid high-rises and multi-storey buildings. “ If it is possible in Mumbai, then why not in Thiruvananthapuram. It is high time the government intervened in the issue,” he said.

Meanwhile, a source close to AAI told TNIE that an NOC needs to be obtained from the regional office of AAI in Chennai since the airport was taken over by Adani Goup. “Local-level permission needs to be taken from the Adani Group after an application for NOCs is submitted at the Chennai regional office through the website. After processing the application, the regional office will seek consent from Adani Group. Then, a final call will be made. However, there are various provisions so that a builder can approach the court to get approvals for fixing the building height,” source said.

Airports Authority curbs
As per the regulations, the regions adjacent to the airport are marked ‘red.’ In order to build a high-rise near the airport, the builder needs to procure an NOC from AAI. In areas marked ‘blue,’ an NOC needs to be obtained for constructions above 40 m from sea level and in areas marked ‘yellow’ structures beyond 68 m height will require an NOC from AAI. Constructions above 80 m will require NOC in areas marked brown. In ‘dark green’ areas the height limit is 98 m, for ‘orange’ marked areas it is 110 m, in ‘violet’ areas it is 125 m and in ‘grey’ areas, it is 140 m.

CAG report cited lapses
In a report submitted four years ago, the Comptroller and Auditor General had pointed out lapses in the height norms prescribed by AAI. It even named five constructions that had penetrated the Obstacle Limitation Surface - areas where there should not be any obstacle to flight movement.

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