Portions of seven structures near airport removed for height violations, action will continue: Maharashtra govt to HC

A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a PIL filed by advocate Yeshwanth Shenoy, in 2019, raising concerns about airport safety.

The plea had sought actions against the owners or developers of high-rise buildings/structures around Mumbai airport, that created “obstacles” and caused threats to take-off and landing of flights. In July 2022, the HC had directed the collector to take steps to remove 48 structures consisting of unauthorised portions of buildings near Mumbai Airport flouting height norms and are in the way of approach surfaces of runaways.

On March 26 and May 6, the bench had asked the collector to remove the concerned portions from the seven structures including the portions at Faiz CHSL, Allwin Apartments CHSL, Fazal House CHSL and Farzaan Apartment CHS in Kurla. The offending portions also included those from two structures at Rizwi Nagar Co-operative Housing Society Wing C and E and an offending portion at Dheeraj Heritage Premises in Santacruz (West).

The compliance affidavit filed through the Collector’s office stated that all of the owners have removed the portions including water tanks, antenna, iron pipes and have also made changes in respect of the concrete structures. The affidavit further stated that the removal of structures was confirmed by Mumbai International Airport Limited (MIAL) after an inspection.

The affidavit further stated that in addition to compliance of HC directions, it has directed the Brihanmumbai Municipal Corporation (BMC), the planning authority, to issue notices under Maharashtra Regional Town Planning (MRTP) Act to remove unauthorised structures.

The bench took the affidavit submitted by Government Pleader Neha Bhide on record and posted further hearing after four weeks to be heard by an appropriate bench not consisting of Justice Marne, as he recused from hearing the matter.