High Court Asks Mumbai Collector To Take Steps For Demolition Of 48 "Obstructions" Around Mumbai Airport

The obstacles include certain floors of high-rises and the demolition would be undertaken under Rule 8 of the Aircraft Rules 1994.

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik was hearing a PIL by Advocate Yashwant Shenoy seeking the removal of all obstacles to ensure air safety.

"48 structures have been identified, Collector to personally affirm and submit an affidavit indicating the steps for demotion of these obstacles by August 19," the court said in the order.

During the hearing on Friday, petitioner in person told the court that the number of obstructions have increased to 498, when authorities are yet to comply with order passed 12 years ago.

According to a 2010 survey of the airport's authority, 137 obstacles/ building structures were found on the approach surfaces of the runways of Chhatrapati Shivaji Maharaj Airport and was submitted to the Director General of Aviation.

One hundred and ten notices were issued under Rule 4 of the 1994 Rules and in 2017 the DGCA passed orders regarding 63 of these structures. While 9 appealed against DGCA's orders, 6 complied with them.

However, 48 obstacles are yet to be removed details of which were furnished to the District Collector in 2017 itself.

Previously the court had asked the BMC and the Collector to inform the court about steps taken for demolition in view of Rule 8 of the 1994 Rules. The District Collector has to take measures for such demolition, the court said.

According to the affidavit filed by AGP Manish Pable, the Collector convened a meeting with the BMC officials and said the latter would have to proceed with the demolitions.

However, the court said it was clear that it was the District Collector's responsibility to proceed with the demolitions under Rule 8 of the 1994 Aircraft Rules.

"An attempt to shift the responsibility is clear. We are not impressed with the affidavit. We don't approve of the Collector passing on the responsibility of demotion to the BMC," the CJ said in the order.

"Collector may require BMC's help, they are willing to provide such help," the CJ added.

The bench then posted the matter for hearing on August 22, 2022. Advocates Amogh Singh and Pranav Thakur appeared for DGCA.

Case Title: Yeshwanth Shenoy V/s. The Union of India 

Citation: 2022 LiveLaw (Bom) 271 

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