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Raze illegal floors of Santa Cruz bldg in flight path, court directs BMC

Senior counsel SU Kamdar, appearing for the Airports Authority of India (AAI), said the building known as Sunita Cooperative Housing Society located on PM Road was built on approach surface (flight path) by showing it was on transitional surface (additional area in the airport used in case of emergency).

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The Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to demolish illegally built floors of a six-storey building in Santa Cruz (West), which comes in the path of flights landing and taking off at the domestic airport.

Senior counsel SU Kamdar, appearing for the Airports Authority of India (AAI), said the building known as Sunita Cooperative Housing Society located on PM Road was built on approach surface (flight path) by showing it was on transitional surface (additional area in the airport used in case of emergency).

Earlier, the court had stayed the notice issued by the corporation, which was vacated on Wednesday. Thus, the illegally built floors will have to be demolished. The court has also directed the civic body to initiate criminal proceedings against the developer within 48 hours.

A division bench of justices VM Kanade and MS Sonak observed that the general public themselves should demolish such illegal floors in the larger public interest. The bench has also asked authorities concerned to act on notices it has issued to buildings said to be over the prescribed height limit. It has asked the authorities to inform the court on the status of their notices issued on the next date of hearing.

The direction was given during the hearing of a public interest litigation filed by advocate Yashwant Shenoy. The petition has questioned the clearance allegedly granted by the AAI to the height of about 200 buildings around the Juhu aerodrome and demanded that those exceeding the permissible height under the Air Safety Regulations be demolished.

Highlighting air safety concerns, the PIL has demanded that AAI be directed not to grant any more clearances for excess height.

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