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Bombay High Court dismisses PIL on buildings in flight path at Mumbai airport

Accordingly, from Friday it will hear individual petitions filed by developers and societies who have been served notice by the authorities alleging height violation.

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The Bombay High Court on Thursday disposed of a PIL that highlighted the issue of height violations by buildings in the flight path at the Mumbai airport. 

A division bench of Justices SC Dharmadhikari and PD Naik held that the Height Restrictions (For Safeguarding of Aircraft Operations) Rules, 2015 contain well-defined norms. As long as the authorities are implementing them, the court need not pass any intervening orders. Accordingly, from Friday it will hear individual petitions filed by developers and societies who have been served notice by the authorities alleging height violation.

The bench said when the PIL was filed in 2014, these rules were yet to be framed. The rules came into force in 2015, laying down procedures for the Directorate General of Civil Aviation (DGCA) and the Airport Authority of India (AAI) to deal with buildings or objects violating height norms or affecting air safety. Therefore, though the PIL was filed before the Rules were notified, orders were passed by several benches of this court without taking into account the above rules. 

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