Latest news with #AlokAradhe
Hindustan Times
2 days ago
- Hindustan Times
Illegal flight-hazard structures removed in Kurla, collector tells HC
MUMBAI: The deputy collector of Kurla on Wednesday told the Bombay high court that they had taken action against seven buildings which were a cause of concern for flights from the Chhatrapati Shivaji Maharaj International Airport (CSMIA). A division-bench of chief justice Alok Aradhe and justice Sandeep Marne was hearing a public interest litigation filed by Yeshwant Shenoy, raising concerns about aviation safety, and seeking direction to Airports Authority of India, Director General of Civil Aviation and the airport operator, Mumbai International Airports Ltd, to remove the unauthorised constructions in and around the Mumbai airport, and to ensure compliance with the provisions in the Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc) Rules, 1994. The DGCA had earlier directed the apartments and housing societies to remove the illegal structures by an order in 2017. However, an appeal against the same was pending since then. Shenoy had approached the court in 2022 with the high court in March 2025 had directed the DGCA to decide the appeal at the earliest. The court had further directed the collector and the officers of the Municipal Corporation of Greater Mumbai (MCGM) to ensure that the illegal structures constructed by Faiz CHSL, Allwin Apartments CHSL, Fazal House CHSL and Farzaan Apartment CHSL are removed. The deputy collector conducted detailed hearings with the residents of Allwin Apartments, Fazal House, Faiz CHS, Farzana Apartments, 4 buildings in Rizvi Nagar, and Dheeraj heritage premises in August and September 2022 and issued instructions to remove the illegal structures. The deputy collector further told the court that around seven rooms were demolished and the height of mobile antenna towers in Faiz CHS were reduced. He also informed the court that 19 sintex tanks and more than 5 overhead tanks were taken down.
Indian Express
2 days ago
- Indian Express
Portions of seven structures near airport removed for height violations, action will continue: State to HC
The state government on Wednesday informed the Bombay High Court that portions of seven structures in the vicinity of the Mumbai International Airport that flouted height norms have been removed and the suburban district collector has complied with the court orders. The government reply stated that the Mumbai Suburban Collector's office will coordinate with the BMC and Mumbai Metropolitan Region Development Authority (MMRDA) for 'any action as may be required to be carried out in the future.' A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a PIL filed by advocate Yeshwanth Shenoy, in 2019, raising concerns about airport safety. The plea had sought actions against the owners or developers of high-rise buildings/structures around Mumbai airport, that created 'obstacles' and caused threats to take-off and landing of flights. In July 2022, the HC had directed the collector to take steps to remove 48 structures consisting of unauthorised portions of buildings near Mumbai Airport flouting height norms and are in the way of approach surfaces of runaways. On March 26 and May 6, the bench had asked the collector to remove the concerned portions from the seven structures including the portions at Faiz CHSL, Allwin Apartments CHSL, Fazal House CHSL and Farzaan Apartment CHS in Kurla. The offending portions also included those from two structures at Rizwi Nagar Co-operative Housing Society Wing C and E and an offending portion at Dheeraj Heritage Premises in Santacruz (West). The compliance affidavit filed through the Collector's office stated that all of the owners have removed the portions including water tanks, antenna, iron pipes and have also made changes in respect of the concrete structures. The affidavit further stated that the removal of structures was confirmed by Mumbai International Airport Limited (MIAL) after an inspection. The affidavit further stated that in addition to compliance of HC directions, it has directed the Brihanmumbai Municipal Corporation (BMC), the planning authority, to issue notices under Maharashtra Regional Town Planning (MRTP) Act to remove unauthorised structures. The bench took the affidavit submitted by Government Pleader Neha Bhide on record and posted further hearing after four weeks to be heard by an appropriate bench not consisting of Justice Marne, as he recused from hearing the matter.
Hindustan Times
3 days ago
- Politics
- Hindustan Times
HC allows to close criminal case against Mungantiwar, others
MUMBAI: The Bombay high court last week allowed the state government to close a criminal case against BJP leader Sudhir Mungantiwar and 21 others for rioting and causing damage to public property while protesting against Western Coalfields Limited in Nagpur, way back in June 2012. According to the police, on June 26, 2012, an agitation was organised in front of the Western Coalfields Limited headquarters in Nagpur, to protest the alleged pollution and environmental damage on account of the mining operations of the public sector undertaking. It was further alleged that on the pretext of submitting representation, the accused barged into the office of the company and damaged property worth around ₹1.50 lakh. The state government had filed an application in the high court, seeking permission to withdraw the prosecution, stating that a proposal to that effect was recently put up before the state-appointed committee. The proposal was backed by a report from the public prosecutor, stating that the incident arose out of social agitation and, in his opinion, prosecution deserved to be withdrawn. Based on this report, the committee had decided to withdraw the prosecution. A division bench of chief justice Alok Aradhe and justice NJ Jamadar accepted the reasoning given by the public prosecutor and the committee's decision to withdraw the prosecution, and allowed the criminal case against the former minister and others to be dropped. 'Prima facie, it appears that the genesis of the alleged offences is in an agitation over the ill effects of mining and the resultant environmental damage,' said the bench. 'The Committee has noted that there is no loss of life and damage to public property in excess of ₹5 lakh - the parameters stipulated under the Government Resolution for withdrawal of prosecution in cases arising out of social and political issues,' it added. The judges observed that the decision of the committee to withdraw the prosecution appeared to be guided by considerations for withdrawal of prosecutions arising out of social and political agitations. 'It does not appear that the prosecution is being withdrawn for an extraneous consideration,' the court said.
Time of India
3 days ago
- Time of India
No public interest, says Bombay high court; Rs 1 lakh cost slapped on litigant who sought razing of ‘illegal' SRA building in Mumbai
Mumbai: Bombay high court on Tuesday imposed Rs 1 lakh cost on a litigant who filed a public interest litigation seeking the demolition of a building with six wings in a Slum Rehabilitation Authority project at Kandivli (E), observing that "there's no public interest" and his earlier petition was dismissed by the court. "Admittedly, an earlier petition filed by the petitioner seeking similar reliefs was dismissed. The aforesaid decision binds the petitioner in the instant PIL on the principle of res judicata (a matter already judged). There is no element of public interest," said Chief Justice Alok Aradhe and Justice Sandeep Marne. The PIL by Ankush Jaiswal, a journalist, alleged serious illegalities in the construction of Bandongari Ekta Cooperative Housing Society, including highway and fire no-objection certificates' violations. Jaiswal's advocate, Satish Talekar, said his 2019 petition, dismissed by the HC in Sept 2022, was not heard on merits. Since a public interest is involved, a second petition is maintainable. Talekar said lives are in danger. The judges questioned why Jaiswal came after completion of the project. The bench also asked him why he was staying there when he knew "it is dangerous to life" and whether he wanted the rehabilitated slumdwellers to "come on the streets." The judges said the PIL "amounts to an abuse of the process of law" for reasons including that Jaiswal questioned the Feb 2001 highway NOC after 22 years. His father was allotted a flat and also purchased another flat. He resides with his father in the building he alleges is illegally constructed. While he seeks demolition, slumdwellers who were rehabilitated and purchased flats are not impleaded. The HC said, "It is trite law that a decision rendered in a litigation has a binding effect …and bars any member of the public from raising any connected issue or an issue which has been raised or should have been raised on an earlier occasion by way of public interest." The judges dismissed the PIL and directed that the Rs 1 lakh that Jaiswal had deposited to show his bona fide, be adjusted towards cost and paid to the Maharashtra State Legal Services Authority.
Hindustan Times
4 days ago
- Politics
- Hindustan Times
Clean Israel Lake: HC directs Panvel civic body
MUMBAI: The Bombay high court on Monday directed the Panvel Municipal Corporation (PMC) to take steps to clean the holy Israel Lake next to the Jewish cemetery in Panvel. A division-bench of chief justice Alok Aradhe and justice Sandeep Marne gave this direction while listening to a plea by Jewish Heritage Trust, which had earlier alleged contamination of the lake due to sewage flow from surrounding encroachments. 'You are under statutory obligation to take steps for ensuring cleanliness. You cannot shy away from that,' the court said. The case pertains to a petition filed by the Jewish Heritage Trust, alleging illegal trespass and encroachment on land reserved for the Jewish community's burial rituals. The high court had earlier censured the Panvel Municipal Corporation (PMC) for its apathetic response to encroachments on a 200-year-old Jewish cemetery. The trust had claimed that the holy lake was being misused by encroachers for discharging drainage waste, and that an illegal slaughterhouse was operating within the encroached area. Furthermore, graves in the cemetery have reportedly been destroyed to facilitate these constructions. The Jewish Heritage Trust, through trustee Raymond Gadkar, stated that repeated complaints to the PMC since 2019 have gone unanswered. The Trust sought directives from the court to compel the PMC to act against the encroachments to prevent further damage. The high court has now directed the local body to survey the area and determine the extent of encroachment after listening to all stakeholders.
