Bombay HC asks to add govt, district collector as respondents to plea seeking action against structures violating height regulation norms near airport

The Bombay High Court on Monday directed to add the Maharashtra government and the concerned district collector parties to a Public Interest Litigation (PIL) which alleged lapse in the maintenance of aircrafts and sought action against structures violating height regulation norms near the airport.

A division bench of Chief Justice Dipankar Datta and Justice VG Bisht has also given the last chance to Mumbai International Airport Ltd (MIAL) to file an affidavit listing down steps it had taken to clear the obstacles, and buildings violating norms that fell along the path for take-offs and landings for aircraft.

The HC had earlier directed MIAL to file its affidavit by Monday, but it failed to do so.

The HC is hearing a PIL filed by advocate Yeshwanth Shenoy in 2019 highlighting the threat posed to aircraft by high rises and illegal construction near the Mumbai airport.

During the hearing, Shenoy pointed out to the court that MIAL has to regularly conduct a survey of obstacles in the approach area. As per the 2011 report, there were 137 obstacles which increased to 498 in the 2014-2015 survey report. He said that while action had been taken on 36 of the 137 obstacles identified, no action had been taken on the remaining obstacles.

Surprisingly, there has been no survey conducted after 2015, said Shenoy. The advocate for the Directorate General of Civil Aviation (DGCA) told the HC that as per the rules, MIAL has to inform the concerned district collector of the illegalities and of the notices issued to them for self-correction or, demolition. The district collector then is authorised to take the necessary action as per the Aircraft Rules. While keeping the PIL for hearing on June 27, the HC noted in its order: “Let MIAL file an affidavit telling us what action has been taken. In the meanwhile, you (Shenoy) make the state government and the district collector parties.”