MUMBAI: The Bombay excessive courtroom on Wednesday directed the Mumbai suburban district collector to hurry up demolition of purportedly unauthorised elements of buildings round Chhatrapati Shivaji Maharaj Worldwide Airport (CSMIA) which have been constructed in breach of peak restrictions. In instances the place constructing residents have appealed earlier than the Director Common Civil Aviation (DGCA), instances should be determined inside 4 weeks and motion should be initiated after that, the courtroom clarified.
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The instructions got here on a plea claiming that the collector had violated earlier courtroom orders by not all demolishing unauthorised buildings.
The case stems from a public curiosity litigation (PIL) filed in 2022 by advocate Yeshwanth Shenoy, which raised issues about unauthorised development in and across the airport. Surveys carried out in 2010 and 2015-16 had recognized 137 and 498 obstructions, respectively, and 9 buildings amongst these have been beneath scrutiny as parts of them have been obstructing the strategy floor to runways, the petition famous.
The obstructions included unauthorised flooring and water tanks above the permissible restrict in high-rise buildings, together with the Airport Authority of India (AAI) visitor home, Vardhaman Puri, Shree Kunj and Govardhan buildings in Vile Parle East, Harron Constructing and Farzaan House in Kurla and Pushpanjali, Regal, Dheeraj Heritage, Sree Sai co-operative housing societies in Santacruz Weast.
Mumbai Worldwide Airports Ltd had knowledgeable the courtroom that it had furnished the listing of 137 obstacles to the Director Common Civil Aviation (DGCA), which had carried out a listening to and thereafter in 2017 ordered the demolition of 49 obstacles. The order was forwarded to the Collector for implementation.
Notices as per the Plane (Demolition of Obstructions Attributable to Buildings and Bushes and many others.) Guidelines, 1994 have been additionally issued to all errant buildings, asking their house owners to take away offending parts to make sure easy take-off and touchdown of aircrafts. Whereas solely six house owners complied with the orders, in July 2022, the courtroom issued instructions to the Mumbai suburban collector to demolish offending parts in remaining buildings.
“Insofar as the remaining 498 obstructions are concerned, there is admittedly no material on record to suggest that any one of such several obstructions has been removed,” the courtroom had noticed in Could 2022.
In Could 2025, the collector tendered unconditional apology to the courtroom for not eradicating the unauthorised buildings absolutely. On Wednesday, the counsel representing the collector filed an affidavit saying solely sure parts of the buildings have been to be demolished, which was being completed already.
“Societies are ready to remove the illegal portions. Notices have already been issued to them,” the counsel famous, furnishing particulars of buildings that had been eliminated, and those who have been pending. Additional removing of offending buildings should be completed with the assistance of the municipal company, the collector advised the courtroom. An enchantment had additionally been filed by Dheeraj Heritage, Santacruz, which was pending earlier than the DCGA, the collector submitted
On perusal of paperwork, the division bench of chief justice Alok Aradhe and justice MS Karnik famous that the buildings had been raised in contravention to aviation guidelines and directed the DCGA to determine the appeals pending earlier than it, notably that of Dheeraj Heritage, inside 4 weeks.
It ordered the collector to take away the unlawful portion raised by the society as soon as the enchantment was determined and submit a compliance report by Could 6.