Bombay High Court is hearing PIL of party in person seeking removal of illegal structures in the way of international airport in Mumbai.

@DGCAIndia @CSMIA_Official
AAI submits affidavit: There are 123 applications received, 104 have been granted and 19 are pending.
We refer to civil aviation height restriction rules of 2015 under the aircraft act.
Under Rule 4, schedule 2, calculations are mentioned.

#BombayHighCourt
Yashwant Shenoy, petitioner in person - rules are standard, provides for when will extra height be given. Amendment made to this. You get a certificate of no objection valid for 12 years, but once an obstacle always an obstacle.

#BombayHighCourt
Shenoy: Nothing can change near the present airport. My concern is let us not spoil the new airport. I don’t want structures to be demolished, I know how important it is for the people who have invested in those structures.

#BombayHighCourt
Court: Where is the statement in your affidavit that increasing height from 55 to 116 mtrs is violation of statutes? Where have you said so?
You have to make statements to supplement the press release, to build your case.

#BombayHighCourt
Court: You have to show how DGCA, AAI and MIAL are in violation of specific statutes which may have allowed constructions.

#BombayHighCourt
Court: If we are to consider the airport at navi mumbai, then we have to consider why the new decision ought not permit height to be raised to 116 mtrs.

#BombayHighCourt
Court: If you want to challenge the decision allowing relaxing of height restrictions, then you have to show why is it bad in law.
You have annexed the press note but you have to show why it is bad. You have to show us with statements. Otherwise how are we to decide?

#BombayHC
Court: You file a better affidavit placing on record why the decision is bad.

Adv Saket Mone for proposed intervenor: My building haa received NOC from civil aviation and there was notice issued for demolition.

#BombayHighCourt
Mone: The orders passed and I have filed an appeal before the authorities, but now possibly after milords orders, they are threatening demolition even with an appeal pending.

#BombayHighCourt
Court: You file a separate writ petition file to put a stay on the demolition till appeal is heard. We have said that Clear out the objectionable structures, but those structures where there are appeals pending, you move the appropriate court for orders.

#BombayHighCourt
Court (to Shenoy): Even before Navi Mumbai airport they have displayed the thresh hold. What we like to know is how have they displayed the threshhold and granted NOCs even before airport has come up. Support your contentions with relevant statutes.

#BombayHighCourt
Court: We have to give the respondents an opportunity to respond.

#BombayHighCourt
Order: After Aug 25 order, two affidavits are filed. First affidavit of the petitioner where he has sought to challebge the press note of CIDCO. The petitioner, we may note, has failed to file any pleading that any lifting of height restrictions from 55 to 116.10 m..#BombayHC
Order: is in violation of any statutory provisions. We grant one further opportunity to place on record the affidavit what is the violation of statutory provisions and what is that the court is supposed to look into. #BombayHighCourt
Order: Petitioner may file affidavit by September 12 and give copies to all respondents. They are at liberty to file reply affidavits by sept 19. Rejoinder by 26 sept.

#BombayHighCourt
Order: By said order we have called upon the collector, to file affidavit by sept 22 indicating steps to remove obstacles and to illustrate how. We propose to list this matter on sept 29.

#BombayHighCourt
Order: In so far as second affidavit is filed, we have noted that on receipt of 123 applications for the area within 20 kms of the airport, 104 applications are granted and 19 are pending.
Further orders will be passed after considering matter in depth.

#BombayHighCourt
Shneoy: Replies are expected on the PIL filed.

Court: There are two aspects, one we are now dealing with objection free obstacles where no body is required to reply now.
Second part is proposed constructions, so before construction starts we want to know.

#BombayHighCourt
Court: We are concerned with statutory violation. If there is breach, then we will remedy breach, if there is no statutory violation then how are we to act. We also feel an expert in the field is required to appear before us to explain. #BombayHighCourt
Sr Adv Vikram Nankani: An amicus who knows and can give tehcnical explanations.

Court: Mr. (Sr Adv) Nishant Thakker is appearing before us for a Juhu airport matter. We can appoint him as amicus.

#BombayHighCourt
Court: What is amusing to us is that airport comes up first and then buildings.
Then you have to find out how airport can be accomodated… That is amusing to us.

#BombayHighCourt
Court: Even before airport has come up there is construction, and that will lead to a tight airport, that is our concern.

Nankani: On the structures to be demolished, we will sit with the collector and sort out. There are some hutments..

#BombayHighCourt
Court: Between the high rise buildings and hutments who should be your target? who is a potential risk?

#BombayHighCourt
Hearing ends.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Bar & Bench - Live Threads

Bar & Bench - Live Threads Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @lawbarandbench

Aug 29
The Supreme Court will shortly hear a petition challenging the practice of Talaq-e-Hasan by which a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months.

#SupremeCourt #TalaqEHasan
Senior Advocate Shyam Divan appears: Refers to order from 16 August, 2022.

In deference to the observation in page 2.. regarding divorce through mutual consent.

#SupremeCourt #TalaqEHasan
Sr Adv Divan: We would like to take advantage of this observation.. the husband is not impleaded here. If Your Lordships allow this.

#SupremeCourt #TalaqEHasan
Read 13 tweets
Aug 29
#SupremeCourt was hearing a PIL asking that govt forms have option of 'Indian' against religion and caste columns

SC: those who do not want take benefit under law or constitution, need not disclose it, then you indicate it and leave the space blank.But if you want to take ...
benefit then you will have to write the caste. Put a dash!

Justice Rastogi: the school make theirs own format. These certificates are required if you want to take the benefits and then it has to be filled.

Lawyer requested Bench to issue notice authorities to ...
...Explain how he was forced to write his caste.

SC: let the concerned person file or child come to us if that is the case. These cartificates are only required only if you want benefit. this we won’t entertain. There is nothing here. People only file petition for satisfaction.
Read 4 tweets
Aug 26
#SupremeCourt to shortly hear plea by former Gujarat cop Sanjiv Bhatt, seeking relief in connection with a case of custodial death for which he is serving a life term.

Bench of Justices MR Shah and BB Nagarathna hearing matter. Image
Counsel seeks adjournment.

Adv: Sorry i don't know if my lords could get the letter on time. I wanted adv Kamini Jaiswal to argue she's not available.

Justice Shah: This is a matter from 1992, since then prosecution is on. I read the letter at 6.30am
Justice BV Nagarathna: I read it at 7.

SC: We'll impose costs. Ms Jaiswal said no?
Adv: Could not contact her yesterday late night.

Order: List on September 5. Rs 25k costs.
Adv: I'll pay from my own pockets, not my client's fault.
Bench discusses [unclear if cost removed].
Read 4 tweets
Jul 21
Bombay High Court hearing the suo motu case initiated against the decision of the Maharashtra government to halt its project of publishing the literature of Dr BR Ambedkar expressed its dissatisfaction on the affidavit filed by State on the status.

#BombayHighCourt
Court: Who is assisting the committee (set up by the State), who is the Chairman? The state govenment is not giving any detils, we find out details from the newspaper.

#BombayHighCourt
Bench of Justices PB Varale and Kishore Sant: You told us that State has constituted a committee. But the Committee conducted meetings on so and so dates.

#BombayHighCourt
Read 13 tweets
Jul 21
Bombay High Court is hearing plea seeking transfer of investigation into the murder of Communist Party of India politician Govind Pansare to the Maharashtra Anti-Terrorism Squad (ATS).

#BombayHighCourt
Sr Adv Ashok Mundargi stated that they need time to get instructions on the application filed. He stated that the IO which is to replace the previous officer is also indisposed.

#BombayHighCourt
Justice Dere: This cannot go on indefinitely Mr. Mundargi. We want instructions.

Adv Abhay Nevagi for the petitioner: The government will act whenever the Court directs.

#BombayHighCourt
Read 5 tweets
Jul 21
Bombay High Court is hearing petition filed by Malegaon blast case accused Sameer Kulkarni challenging examination of a witness.

#BombayHighCourt
Adv Sandesh Patil for NIA: This petition according to us is not maintainable. We would like to file a short affidavit.

#BombayHighCourt
Justice Revati Mohite Dere: where is the date of examination and what is the point of examination of the witness

Patil: It is on the point of CDR.

#BombayHighCourt
Read 8 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(