Updated: September 22, 2021 3:34:43 pm
The Bombay High Court on Monday said that it will hear in an expedited manner a public interest litigation (PIL) challenging the construction of overground Metro 2B corridor (DN Nagar to Mankhurd), passing through Swami Vivekanand (SV) Road in the vicinity of Juhu airport in Mumbai.
The plea stated that the no objection certificate (NOC) given by the Airport Authority of India (AAI) to Mumbai Metropolitan Region Development Authority (MMRDA) for construction of the Metro corridor did not take into consideration the “potential threat” posed by the overground route passing through an airport’s imaginary “funnel” zone – the approach path of a low-flying aircraft.
A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni was hearing a PIL filed by Harit Desai, social worker and resident of Juhu, claiming that AAI, in 2017 had issued a NOC permitting construction of the corridor through the funnel zone in violation of Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015.
Advocates Nishant Thakkar and Jasmin Amalsadvala, appearing for the petitioner, said that while the permissible top elevation from mean sea level in funnel area for landing and take off of flights at runway 8 and 26 of Juhu aerodrome was 3.89 m, MMRDA has been permitted to construct the Metro corridor with an elevation of 4.034 m above mean sea level.
“Since an important public project is involved and the petitioners propose to oppose it on the grounds urged in the petition, we expedite its hearing,” the bench noted.
Seeking affidavits in reply from respondent authorities within a week and a rejoinder by the petitioner in five days thereafter, the HC posted further hearing to October 4.
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