HC reserves order on petitions challenging demolition in Air India Colony

The Bombay high court has reserved its interim orders on a petition filed by families residing in the Air India Staff Colony against a demolition drive initiated by Mumbai International Airport Ltd. The residents argue against MIAL's authority as lessee of the property and raised concerns about water and electricity supply, as well as environmental and health issues. MIAL's counsel defended the demolition and eviction proceedings, citing the airport's expansion and revenue generation for the government. A decision will be pronounced on February 5.

MUMBAI: The Bombay high court (HC) on Friday reserved its interim orders on a petition filed by around 310 families residing in the Air India Staff Colony in Kalina against the demolition drive initiated by Mumbai International Airport Ltd. (MIAL).

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The families have approached the high court after the City Civil Court at Dindoshi rejected their application for interim relief.

Represented by advocates Ashok D Shetty and Rita Joshi, the residents alleged coercion by MIAL through mechanism set up by Airports Authority of India, pointing out the neglect of key ownership aspects, particularly emphasising the role of Air India Asset Holdings Ltd. as a government-controlled entity that still holds title to the property.

During the hearing, they asserted their right to approach the court as possessors of the colony responsible for its maintenance. They argued against MIAL’s actions, claiming it lacked authority and sought to be set aside. They disputed MIAL’s authority as lessee of the property, citing the protection of rights under the lease agreement and the fact that the property’s title still rests with the State of Maharashtra, not MIAL.

Additionally, they highlighted the eligibility of employees, as per service rules, to approach the court, emphasising the need to honour their housing agreements until retirement, especially considering the imminent retirement of most employees occupying the premises.

The residents also raised concerns about potential issues with water and electricity supply, as well as environmental and health concerns posed by the proposed demolition of 19 unoccupied structures due to their proximity to occupied structures.

In response, MIAL’s counsel, senior advocate Vikram Nankani, defended the demolition and eviction proceedings, assuring that occupied facilities would not be affected. He argued against the residents’ locus standi, stating that their agreements were with Air India, which no longer holds rights after disinvestment.

Nankani also highlighted the public interest in the airport’s expansion, citing infrastructural improvements and revenue generation for the government.

A single judge bench of justice RN Laddha, after hearing both sides, reserved its decision – to be pronounced on February 5. Parties are ordered to maintain status quo until such date.