Bombay HC Orders Strict Action Against Unauthorised Structures Near Mumbai International Airport; Warns Collector Of Consequences

Mumbai: The Bombay High Court on Monday asked the Collector to take “serious and effective steps” in taking action against unauthorized structures / construction near Mumbai International Airport that violate safety norms and pose a risk to aircraft, warning that failure to do so would invite strict action.

A bench of Chief Justice Alok Aradhe and Justice MS Karnik made the observation while hearing a PIL by activist Yeshwant Shenoy raising concerns over aviation safety and seeking the removal of unauthorised buildings around the airport. Shenoy argued that despite previous violations, new constructions continued to emerge, making strict monitoring essential.

Last month, the bench directed the collector to take action against eight structures / offending portions of buildings which were found to be in violation of the rules.

During the hearing, additional government leader Neha Bhide informed the bench that of the eight structures, the collector has initiated eviction action against five structures.

The Director General of Civil Aviation (DGCA) has decided applications of two other structures and asked them to take action within 60 days, Bhide said.

Shenoy pointed out that the DGCA has passed orders of demolition of some of these structures about ten years back, but no action has been taken. “These are cases where DGCA had passed final orders about 10 years back. After this there are 1000 more which have come up. We are talking about a dangerous situation,” Shenoy submitted. In

Citing the example of June 2018 where a private aircraft crashed into an under construction building in Ghatkopar, killing five persons, Shenoy said the tragedy could have been much worse had it been a Boeing or a large airplane.

On June 28, 2018, a 12-seater Beechcraft KingAir C-90A, belonging to UY Aviation, took off from Juhu airport and crashed in Ghatkopar, killing all four onboard and one pedestrian on ground.

However, the bench emphasized that it cannot pass orders to demolish buildings without following due process. “We cannot permit demolition of buildings today.. without due process.. . That’s not how law works,” the bench said, even as Shenoy pressed that the demolition orders were passed a decade ago.

The bench, however, asked the State to take action or face consequences. “Issue of public safety is involved. Take effective steps. Ask the collector to be serious. Otherwise we will take the collector to task,” the bench remarked.

Noting that “steps have been taken to remove unauthorized / offending portions of buildings”, the HC has also sought a compliance report by the next date of hearing on June 18.