HC directs district collector to remove 48 structures flouting Aircraft Rules

The structures consist of unauthorised floors and water tanks of highrise buildings and other illegal structures that have come up on a hill near the airport

Mumbai The Bombay high court (HC) on Friday directed the Mumbai suburban district collector to initiate measures to remove 48 structures which are obstructing the flight path of aircrafts near Chhatrapati Shivaji Maharaj International Airport and are also in violation of the Aircraft Obstacle Rules.

HC issued the directions after the Brihanmumbai Municipal Corporation (BMC) filed an affidavit stating that the collector was responsible for removing obstacles like buildings and trees that come in the flight path as per the Aircraft Rules (Satish Bate/HT Photo)

The structures consist of unauthorised floors and water tanks of highrise buildings and other illegal structures that have come up on a hill near the airport and are creating an obstacle to the approach surfaces of runaways.

Out of the list of 48 obstacles, most structures have overhead water tanks that are above the permissible limit, which include the Airport Authority of India (AAI) guest house, Vardhaman Puri, Shree Kunj and Govardhan buildings in Vile Parle (E), Harron Building and Farzaan Apartment in Kurla and Pushpanjali CHSL, Regal CHSL, Dheeraj Heritage, Sree Sai CHSL in Santacruz (W). The other obstacles include staircase and water pump rooms, a light of a mosque in Kurla and the hoarding atop Kingfisher House in Vile Parle (E). Unauthorised houses, huts, a mosque and a temple atop Jari Mari hill make up some of the other obstacles. There are around eight buildings violating actual height restrictions.

The division bench of chief justice Dipankar Datta and justice Makarand Karnik was hearing the PIL filed by advocate Yeshwanth Shenoy, in which he raised concerns of safety of aircrafts and passengers and sought action against the obstacles created by the owners and developers of high-rise buildings.

The above list was submitted by Mumbai International Airport Limited (MIAL) to the HC based on an obstacle survey conducted in 2010. MIAL had informed HC that it had furnished a list of 137 obstacles to the DGCA which had conducted a hearing and thereafter passed final order for demolition in 2017 for 49 obstacles which were then forwarded to the collector.

Senior advocate Vikram Nankani for MIAL informed the bench that after the Vile Parle Mahila school had complied with the final order, the number of obstacles to be removed had come down to 48.

The court in its previous order had asked the collector and the BMC to inform it of the steps to be initiated for demolition and removal of the obstacles as per rule 8 of the 1994 Rules.

Assistant government pleader Manish Pabale for the state informed the bench that the tehsildar had filed an affidavit stating that the collector had convened a meeting with BMC wherein it was stated that the BMC was authorised to carry out demolitions under the Maharashtra Regional and Town Planning (MRTP) Act.

The BMC submitted an affidavit through advocates Abhishek Khare and Kejali Mastakar, wherein it stated that the task of demolishing obstacles came under the purview of the district collector as per Aircraft Rules and hence he should be directed to carry out the same. The affidavit added that it was willing to extend any help the collector would require.

After hearing the submissions and perusing, the bench noted, “An attempt to shift the responsibility is clear. We are not impressed with the affidavit. We do not approve of the collector passing on demolition responsibility to the BMC.”

The HC then added that while the collector was required to proceed with demolitions under the 1994 Rules, help should be taken from the BMC or any other planning authority such as the Slum Rehabilitation Authority (SRA), Maharashtra Housing and Area Development Authority (MHADA) etc. to take required action against the 48 structures.

“The collector may require BMC’s help. 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 noted.

The bench then directed the suburban collector to submit a compliance affidavit on steps taken to remove the unauthorised structures and posted further hearing to August 22.