The Bombay High Court on Tuesday asked the Civil Aviation Secretary to act as its Special Officer and conduct an independent study in the wake of complaints in Public Interest Litigation (PIL) challenging the construction of the overground Metro 2B corridor (DN Nagar to Mankhurd). said. ) asked for. , passing through Swami Vivekananda (SV) Road in the vicinity of Juhu Airport in Mumbai.
However, the court allowed the Mumbai Metropolitan Region Development Authority (MMRDA) to continue with the preliminary work like soil testing through geotechnical investigation and utility identification at the site and sought a report from the aviation secretary in six weeks.
It clarified that apart from such preparatory work, no other work can be carried out at the site without the prior permission of the High Court.
The plea said that the No Objection Certificate (NOC) given by the Airport Authority of India (AAI) to MMRDA for the construction of the Metro corridor did not take into account the “potential danger” posed by the overground route passing through the hypothetical route. Is. of airport. has gone. funnel” zone, the approach path of low-flying aircraft.
A division bench of Chief Justice Dipankar Dutta and Justice Makrand S Karnik was hearing a PIL filed by social activist and Juhu resident Harit Desai, which claimed that the AAI had allowed the construction of a corridor through the funnel zone in 2017. was refused. In violation, NOC was issued. The Ministry of Civil Aviation (Height Restrictions for the Safety of Aircraft Operations) Rules, 2015.
Advocates Nishant Thakkar and Jasmine Amalsadwala, appearing for the petitioner, submitted that they would not have allowed the elevated metro line from the eastern side bordering SV Road to the funnel zone (area designated for take-off and landing of flights), So life would be at risk of passengers getting off the strip every year.
The bench said that the limited issue before it was whether the project has been sanctioned and sanctioned as per the procedure established in law and even if concrete reasons are not given for the same, if due process is followed while granting permission and NOC. Is. That’s why his hands are tied.
Advocate General of MMRDA Ashutosh Kumbhakoni and advocate Akshay Shinde opposed the plea and said that the authority has started preparatory work for the project of “public importance” and it should be allowed to continue till the next hearing, which was accepted by the court. have done. has done.
The court asked Rajiv Bansal, Secretary, Union Ministry of Civil Aviation to examine the concerns raised by the petitioner, with a personal visit to the site, if required, and to submit a comprehensive report on the issue of altitude clearance. for. no objection certificate
“He will also look into the aspect of safety and security of the public, who live in and around Juhu airport, and throw light on whether the commissioning of MMRDA’s metro rail line will affect flight operations at Juhu airport. The bench noted. The bench fixed February 28 for further hearing.
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