YESHWANTH SHENOY Vs. UNION OF INDIA

JUDGEMENT

(1.) This public interest litigation raises a concern of seminal importance. Aviation safety and ancillary matters have been placed before us. The petitioner seeks to obtain orders from the Court to activate the respondents 2, 3 and 4 to comply with the provisions of the Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 1994 (hereafter 'the 1994 Rules', for short).

(2.) Pursuant to the earlier orders passed by this Court, affidavits have been filed by the respondents. The affidavit dtd. 8/7/2022 filed on behalf of the respondent no.4, the Mumbai International Airport Limited, inter alia, reveals this. As per a survey conducted in 2010, particulars of 137 obstacles (buildings/ structures) on the approach surface of all the runways of the Chhatrapati Shivaji Maharaj International Airport (hereafter 'the airport', for short) were submitted to the Director General of Civil Aviation (hereafter 'DGCA', for short) for removal. Notices were issued under rule 4 of the 1994 Rules to 110 owners of such obstacles pursuant whereto final orders of demolition were passed in May and June 2017 in respect of 63 such obstacles. Owners of nine (9) such obstacles preferred appeals to the DGCA, whereas six (6) owners complied with the final orders. It is revealed from the affidavit that 49 obstacles are yet to be removed and the particulars of such obstacles have been furnished by the respondent no. 4 to the District Collector, Mumbai Suburban District vide notification dtd. 3/11/2017. We have been informed by Mr. Nankani, learned senior advocate representing respondent no. 4 that Vileparle Mahila School, figuring at number 4 of the list, has since complied with the final order passed by the competent authority.

(3.) Our previous orders required the Collector as well as the Municipal Corporation for Greater Mumbai (hereafter 'MCGM', for short) to file affidavits to indicate the steps that have been taken for demolition of the obstacles in terms of rule 8 of the 1994 Rules. It is the statutory mandate that after a final order has been passed, it is for the District Collector to take measures for demolition of any such obstacle that impedes take-off and landing of the aircrafts at the airport.