A division bench of Justices Abhay Oka and KR Shriram directed the special planning authority to act according to law and take action against illegal construction which Mumbai International Airport Limited (MIAL) has claimed has started rising vertically around the airport.
The Bombay High Court on Wednesday directed the Mumbai Metropolitan Region Development Authority (MMRDA) to take action against illegal construction on airport land and around the airport area to ensure safety of flights.
A division bench of Justices Abhay Oka and KR Shriram directed the special planning authority to act according to law and take action against illegal construction which Mumbai International Airport Limited (MIAL) has claimed has started rising vertically around the airport.
The MIAL had approached the court seeking directions as authorities failed to act against the slums. It was argued by them in court that the landing and taking off of planes is risky as several slums have come up around the airport. In areas like Vakola, Saki Naka, Santacruz there is a high density of slums, posing a security threat.
However, authorities argued that the Airport Authority of India under Section 28 of the Airports Authority of India Act, 1994, has sufficient power to remove unauthorised occupants and illegal constructions on airport land.
In an earlier order, the court had observed that "prima facie" it appears that the statutory authorities like the MMRDA and BMC cannot refuse to exercise their power to take a decision on demolition on the grounds that owners of the lands should decide on the removal of encroachments. All illegal constructions put a burden on the existing infrastructure. Moreover, in this case, illegal constructions affect the security of the airport.
The court noted that the MMRDA was had an obligation to exercise its powers under the Mumbai Regional Town Planning Act (MRTP) and to take action against illegal constructions. The court also directed authorities to take into consideration that the government had issued a notification to regularise slums up to the year 2000 before taking legal action.
The lands are owned by the Central Government by the Airports Authority of India. These lands have been leased to MIAL on a 30 + 30 years' term by the AAI. The AAI holds 26% equity in MIAL.
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