Why is AAI's decision relaxing height restriction for buildings near Navi Mumbai airport illegal? HC asks petitioner

The court was told last week that the AAI has decided to lift the height restrictions for buildings in the vicinity of the proposed Navi Mumbai International Airport from 55.1 metres up to 160 metres

The Bombay High Court on Monday asked why the Airports Authority of India's decision to relax height restrictions from 55.10 metres to 160 metres for buildings in the vicinity of the proposed Navi Mumbai International Airport was illegal and in violation of law.

A division bench of Chief Justice Dipankar Datta and Justice M.S. Karnik directed advocate Yashwant Shenoy, who filed a public interest litigation (PIL) raising concern over dangers posed by high rises near the Mumbai airport, to indicate why the AAI's decision was bad in law.

The court said while Mr. Shenoy has made oral arguments that the AAI's decision is not correct, it has failed to trace any pleading made on paper indicating the same was in violation of any statutory provisions.

The court was also bemused that even before the airport (Navi Mumbai) has been constructed, buildings have been granted clearance for construction.

"What is amusing us is that the airport is yet to come up, but buildings are coming up first. Ideally, the airport should come up first and then buildings," Chief Justice Datta said.

"Even before the airport has come up, you (authorities) want to have all constructions done. If you make it so tight, doesn't it raise concerns? Development is needed but not at the risk of people," Justice Karnik remarked.

Mr. Shenoy last week told the court that the AAI has decided to lift the height restrictions for buildings in the vicinity of the proposed Navi Mumbai International Airport from 55.1 metres up to 160 metres.