Upbraiding the Mumbai suburban collector for not complying with the orders Director General of Civil Aviation (DGCA), the Bombay High Court on Friday directed the city suburban district administration to take steps to demolish unauthorised floors and/or structures of 48 buildings around the Chhatrapati Shivaji Maharaj International Airport (CSMIA).
Expressing its displeasure over the manner which the Mumbai suburban district collector had in the affidavit tried to shift the responsibility of demolition onto the Brihanmumbai Municipal Corporation (BMC), a HC division of Chief Justice Dipankar Datta and Justice MS Karnik directed the collector to pull down the “unauthorised floors and structures” that are posing “obstacles” to the approach path to Mumbai airport.
While hearing a public-interest petition filed by advocate Yeshwanth Shenoy in 2019 stating that the structures around Mumbai airport posed a threat to the take-off and landing of flights, chief Justice Datta observed: “We are not at all impressed with this affidavit. We do not approve of the Collector passing off his responsibility to the BMC. It has to comply with the orders of the DGCA as provided under the Aircraft Rules, 1994".
"We direct the Collector, Mumbai Suburban District, to take steps to implement the final orders passed by the DGCA in respect of the 48 obstacles. By the next date (August 22), an affidavit should be filed stating the steps that would be taken to implement the orders," the HC bench noted
The HC bench directed the suburban district collector to file an affidavit by August 22 spelling out as to what steps it would take to comply with the DGCA’s order seeking demolition of the structures or portions of the structures which have flouted the height restrictions.
A majority of the structures that will come under the hammer are located at Vile Parle east and surrounding areas.
While directing the Mumbai suburban district collector to comply with the DGCA’s order, the HC bench noted that the Collector could seek assistance from BMC or any other planning authority like the Slum Rehabilitation Authority (SRA), Maharashtra Housing and Area Development Authority (MHADA) etc. to carry out the demolition drive.
"They (BMC) have already filed an affidavit stating they are ready to help you in the demolition drive. So you can seek their help," the judges said.
In his PIL, Advocate Yeshwant Shenoy had alleged flagrant violations by developers, who the plea claimed have been permitted to construct buildings around the airport area. He had contended that the developers had breached the No Objection Certificate (NOC) issued by the Airport Authority of India (AAI) in matters relating to the heights of the buildings and constructed structures beyond the permissible height limit.
Earlier this month, the Mumbai International Airport Limited (MIAL) had informed the high court that it had identified reported the “obstacles” to the DGCA. It had also told the court that the DGCA, after hearing the buildings’ owners, had passed demolition orders and forwarded them to the collector.
Among other things, the MIAL had filed an affidavit had filed an affidavit on July 8 in the high court stating that as per surveys of 2010, it had reported 137 “obstacles” on the approach surfaces of the all runways of CSMIA to the DGCA. As many as 110 notices were issued under The Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules 1994, the MIAL had stated.
The MIaL had told the court that in May and June 2017, final orders were passed on 63 structures, of which 49 obstacles were yet to be removed. Of the 49 structures, Vile Parle Mahila School had complied with the DGCA’s order, thus bringing down the number of unauthorised “obstacles” 48.
The HC bench noted that as per its previous orders, the collector and the BMC were to indicate steps for demolition as per rule 8 of the 1994 Rules and that the collector had to take measures for such a demolition.
Quoting an affidavit filed by a tehsildar on July 27, Assistant government pleader Manish Pabale told the HC bench that the suburban district collector had convened a meeting with the corporation and said the BMC was authorised to carry out demolitions under the Maharashtra Regional and Town Planning Act.
Pabale, appearing for the suburban district administration, that the Collector did not have the machinery for carrying out the demolition work.
However, the HC bench did not accept the district administration’s contention and said that an “attempt” was being made to shift its responsibility to the BMC.