Bombay High Court orders demolition of portions of 48 high-rise buildings near Mumbai Airport

Bombay High Court orders demolition of portions of 48 high-rise buildings near Mumbai Airport

Jul 29, 2022 - 17:30
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Bombay High Court orders demolition of portions of 48 high-rise buildings near Mumbai Airport

Mumbai: The Bombay High Court on Friday asked the Mumbai Suburban District Collector to demolish 48 high-rise buildings near the Mumbai International Airport for violation of height norms.

The HC order came in compliance with the orders of the Directorate General of Civil Aviation (DGCA).

The portions constructed above a certain height are to be demolished as per the Bombay High Court order.

The high court was hearing a public interest litigation (PIL) filed by advocate Yashwant Shenoy raising concerns over the dangers posed by high-rises near the Mumbai airport.

According to Mint, a division bench of Chief Justice Dipankar Datta and Justice M S Karnik also pulled up the collector for trying to shift the responsibility of demolition to the Brihanmumbai Municipal Corporation (BMC) and said the collector has to do something about this "menace" (obstacles near the airport).

The court also suggested the authorities to disconnect electricity and water supply to those buildings that have been issued notice for height violation.

According to Times Now, the high court was hearing public interest litigation filed by advocate Yashwant Shenoy on concerns over the dangers posed by high-rises near the Mumbai airport.

The Mumbai International Airport Ltd told the court that the 2021-22 survey to identify obstacles near the airport that pose danger to aircraft is underway. The MIAL also informed that periodic surveys are carried out and in 2010, a total of 137 obstacles were identified.

Out of these 137 buildings, final orders have been passed in 63 cases. Appeals have been filed in nine cases and six buildings have complied. The remaining 48 structures need to be demolished immediately as there is no compliance or appeal filed, the MIAL told the HC.

The court noted that there is no law that prevents the collector from starting the demolition process. Directing the collector to go ahead with the demolition, the court said the BMC and any other authority like the police shall render assistance to the collector for demolition.

"It is the statutory mandate that after final orders are passed for demolition of a structure, it is for the collector to take steps and demolish those structures that are causing an obstacle to aircraft taking off and landing at the airport," Chief Justice Datta said.

The court further noted that the MIAL had informed the collector's office about the 48 structures in November 2017 itself.

The bench said it would pass orders with regard to the other obstacles identified by the MIAL from 2010 till now after the reply affidavit of the collector is filed on 22 August.

With inputs from agencies

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