The Airports Authority of India (AAI) had, last month, decided to relax the height restrictions for the construction of buildings around the Navi Mumbai airport from 55.1 meters to 160 meters.
Bombay High Court
The Bombay High Court on Monday was told by the Airports Authority of India (AAI) that it has received 123 applications seeking a No-Objection Certificate (NOC) for the construction of buildings above the permissible height restriction of 55.1 meters within a 20-kilometer radius of the proposed Navi Mumbai International Airport. As many as 104 of them were cleared while 19 were pending clearance, said.
The court raised concerns about high-rises coming up even before the airport is ready and told that if this continues, authorities will have to find out how the airport can be accommodated within the structures everywhere.
“What is amusing to us is that the airport is yet to come up, but buildings are arriving up first. Ideally, the airport should come up first. Here, you have to check how the airport can be accommodated. That is amusing to us. Even before the airport has come up, you (authorities) want to have all construction done. If you make it so tight, does it not raise concerns? Development is required but not at the risk of people,” the bench orally remarked.
Navi Mumbai International Airport
The bench also asked the petitioner, who in his PIL increased concerns over structures around airports posing a threat to the take-off and landing of flights, to specify the laws under which it can question AAI’s decision to clear the constructions above the permissible height of 55.1 meters and permission by the City and Industrial Development Corporation (CIDCO), the planning authority in Navi Mumbai, which gave permissions for such constructions.
- A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik on August 25, while hearing PIL filed by advocate Yeshwanth Shenoy in 2019, asked the AAI if it had relaxed height restriction norms.
The petitioner stated several structures were constructed in violation of the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015. The petitioner referred to a July 30 press note by CIDCO and stated the authority amended the norms to grant no-objection to the construction of buildings within a 20-kilometer radius of the airport as it raised the height limit from 55.1 meters to 160 meters above mean sea level (AMSL).
On Monday, the Airports Authority of India (AAI) submitted an affidavit stating that 2015 rules permit the construction of buildings above 55.1 meters within a 20-kilometer radius of the airport.
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Shenoy, who appeared in person, said, “Nothing can change around the present airport (CSMIA). My concern is that let us not spoil the new (Navi Mumbai) airport. I do not want structures to be demolished, I know how important it is for the people who have invested in those structures.”
The bench answered, “If there is a breach, then we will remedy the breach, if there is no statutory violation, then how are we to act? We also feel an expert in the field is required to appear before us to explain.”
The court questioned Shenoy to show how the decision by the authority was illegal and why it ought to be quashed. It asked the petitioner to file a “better affidavit” in this regard and posted the further hearing to September 29.
Meanwhile, the developer of the five-story building Dheeraj Heritage around Chhatrapati Shivaji Maharaj International Airport(CSMIA) approached the High Cout challenging the demolition notice given to it by Mumbai suburban collector. The developer’s building is one of the eight structures around the airport part of which is to be removed or demolished within a month.
The developer stated the authorities are threatening demolition based on the August 25 order of the court despite their appeals challenging the demolition orders.
However, the court denied hearing the application and said that the developer can approach the forum concerned or file a separate petition seeking relief.
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