HC directs collector to expedite demolition of unauthorised structures near airport

The directions came on a plea claiming that the collector had violated earlier court orders by not all demolishing unauthorised structures

MUMBAI: The Bombay high court on Wednesday directed the Mumbai suburban district collector to speed up demolition of purportedly unauthorised parts of buildings around Chhatrapati Shivaji Maharaj International Airport (CSMIA) which were constructed in breach of height restrictions. In cases where building residents have appealed before the Director General Civil Aviation (DGCA), cases must be decided within four weeks and action must be initiated after that, the court clarified.

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The directions came on a plea claiming that the collector had violated earlier court orders by not all demolishing unauthorised structures.

The case stems from a public interest litigation (PIL) filed in 2022 by advocate Yeshwanth Shenoy, which raised concerns about unauthorised construction in and around the airport. Surveys conducted in 2010 and 2015-16 had identified 137 and 498 obstructions, respectively, and nine buildings among these were under scrutiny as portions of them were obstructing the approach surface to runways, the petition noted.

The obstructions included unauthorised floors and water tanks above the permissible limit in high-rise buildings, including the Airport Authority of India (AAI) guest house, Vardhaman Puri, Shree Kunj and Govardhan buildings in Vile Parle East, Harron Building and Farzaan Apartment in Kurla and Pushpanjali, Regal, Dheeraj Heritage, Sree Sai co-operative housing societies in Santacruz Weast.

Mumbai International Airports Ltd had informed the court that it had furnished the list of 137 obstacles to the Director General Civil Aviation (DGCA), which had conducted a hearing and thereafter in 2017 ordered the demolition of 49 obstacles. The order was forwarded to the Collector for implementation.

Notices as per the Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 1994 were also issued to all errant buildings, asking their owners to remove offending portions to ensure smooth take-off and landing of aircrafts. While only six owners complied with the orders, in July 2022, the court issued directions to the Mumbai suburban collector to demolish offending portions in remaining buildings.

“Insofar as the remaining 498 obstructions are concerned, there is admittedly no material on record to suggest that any one of such several obstructions has been removed,” the court had observed in May 2022.

In May 2025, the collector tendered unconditional apology to the court for not removing the unauthorised structures fully. On Wednesday, the counsel representing the collector filed an affidavit saying only certain portions of the structures were to be demolished, which was being done already.

“Societies are ready to remove the illegal portions. Notices have already been issued to them,” the counsel noted, furnishing details of structures that had been removed, and those that were pending. Further removal of offending structures must be done with the help of the municipal corporation, the collector told the court. An appeal had also been filed by Dheeraj Heritage, Santacruz, which was pending before the DCGA, the collector submitted

On perusal of documents, the division bench of chief justice Alok Aradhe and justice MS Karnik noted that the structures had been raised in contravention to aviation rules and directed the DCGA to decide the appeals pending before it, particularly that of Dheeraj Heritage, within four weeks.

It ordered the collector to remove the illegal portion raised by the society once the appeal was decided and submit a compliance report by May 6.