While hearing a petition on how high-rises around the airport premises are violating the airspace, bench asks civic body to demolish illegal portion of one such defaulter building located in Santacruz
“Builders who are frequent flyers themselves violate rules, which is very unfortunate,” said Justice V M Kanade, as he lashed out at the Airports Authority of India (AAI) and Directorate General of Civil Aviation (DGCA) for not being serious about passenger safety. While hearing a petition on how high-rises around the airport premises are violating the airspace, the bench comprising justices Kanade and Mahesh Sonak, asked the civic body to demolish the illegal portion of one such defaulter building located in Santacruz (W) and register an FIR against the builder in the next 48 hours.
The Santacruz (W) building that was at the centre of discussion in the high court. Pic/Sayed Sameer Abedi
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The petition filed by advocate Yeshwant Shenoy read that Mumbai International Airport Limited (MIAL) just sends show-cause notices to builders, marking a copy to DGCA and does nothing else.
However, the counsel appearing for MIAL informed the bench that in October 2015, it was the high court that granted a stay sought by one of the residents of the building regarding its demolition, where MIAL was not even present.
Justice Kanade disapproved of this move ordering partial demolition (which can cover two to three storeys) and filing a complaint against the builder.
“The builder, while showing the plan to the BMC said that the building would come up at the approach surface of the airport. However, it is occupying a part of the transit surface of the runway, which comes in the path of the aircraft while taking off,” said S U Kamdar counsel of MIAL, adding that the builder got permission for only 13.9 metres but now it stands at 21.32 metres.
AAI and MIAL had objected to the height and had written to DGCA, who in turn apprised BMC of the situation but within that span, the high court granted the stay.
The AAI also informed the court that it had sent around 60 show-cause notices to the builders, responsible for such apartments near the airport.
“The person who carries out illegal construction should take initiative and demolish the buildings himself as it can cause accidents and for larger public security,” said Justice Kanade.
AAI’s failure to form a committee to look into this issue disappointed Justice Kanade, who issued notices to AAI and Ministry of Civil Aviation asking them to reply on this.
The court has posted the petitions for hearing after two weeks.
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