High court directs civic body to pull down hoarding near airport

MUMBAI: The Bombay high court recently directed the BMC to demolish a hoarding near Prabhat Colony in Santa Cruz (E) because it obstructs the flight path of aircraft at the airport.
The court gave the BMC a week to clear the hoarding.
A division bench of Justice Anoop Mohta and Justice A S Gadkari was hearing two petitions by Mumbai International Airport Ltd (MIAL), the airport operator, saying illegal hoardings posed a safety threat to aircraft landing and taking off.
MIAL said one of the hoardings was erected without permission of the Airports Authority of Indian (AAI) and the BMC. It said another hoarding had permission but violated the height limit.
The MIAL urged that the BMC be directed to take action against them.
Appearing for MIAL, senior advocate S U Kamdar and advocate Tejas Bhide said that the owner of the first hoarding, INN Ads, had filed a suit and in 2009 a city civil court had directed the BMC to follow the due process of law. “Corporation has done nothing,” Kamdar said.
Appearing for the BMC, senior advocate Joaquim Reis said that while it was not possible to condone the inaction of municipal officers, if the court gave a direction, the municipal corporation was prepared to enforce it.
The judges directed the BMC to initiate the process of demolition of the hoarding “as early as possible and within seven days”.
Kamdar said the second hoarding was on the Western Express Highway and was given permission to rise 6.84 metres from the ground level and 11.84 metres from the mean sea level. He said the hoarding had in reality risen five metres higher than the permitted level.
He said that the hoarding owner, Rajdhani Marble Suppliers, in a civil suit filed in a city civil court, signed consent terms agreeing to conform with the permission given. He said the hoarding had to be in conformity with the AAI permission.
Rajdhani’s advocate Vinay Hegde said there were other structures too in the flight path. “There are other structures directly in the flight path while mine is to the left,” he said.
He said it was because Air India had complained that it was unable to carry maximum payload and was facing revenue loss that it was all converted into a safety issue.
“It’s a knee-jerk reaction,” Hegde said. “Even the A380 is coming here. They have no problems.”
The judges said Rajdhani would have to follow the undertaking given to the AAI and asked it to inform the court about height reduction of the hoarding at the next hearing on September 5.