Bombay HC reprieve for owners of land near Kolshet air force station – Hindustan Times

In a reprieve for owners of properties in the vicinity of Kolshet air force station in Thane, the Bombay high court (HC) on Thursday struck down communications issued by the station commander which imposed restrictions on development of nearby properties falling within 750 metres of approach and take of funnel zone of heliport at the defence establishment.

The division bench of justice RD Dhanuka and justice VG Bisht struck down the communications after noticing that two notifications issued under provisions of the Works of Defence Act, 1903 imposed no fetters on development of properties lying beyond 100 metres from boundary wall of the air force station, but the station maintained that no construction of multi-storied building was permitted in the funnel zone of their heliport.

The court was hearing a petition filed by Runwal Constructions. The developer had moved HC last year after the air force authorities repeatedly refused their requests for no objection certificate (NOC) to construct a ground-plus-10 storey building at about 500 metres from the station, but the Thane Municipal Corporation (TMC), which approved the developers plans in August 2019, insisted for an NOC from the air force station before starting the construction.

The developer contended that under the statutory notifications issued under the Works of Defence Act, restrictions on constructions were imposed only to the extent of 100 metres from the compound wall of the air force station, and therefore the authorities could not have extended the restrictions on the development of properties beyond 100 metres by issuing executive instructions.

“In our view, reasonable restrictions can be imposed on a citizen’s rights guaranteed under Article 19(1)(g) and Section 300A, only by enacted law,” said the bench.

“The only way to impose restrictions on enjoyment of the property in the vicinity of a defence establishment is by invoking powers under the Works of Defence Act, 1903,” it added and struck down the communications, issued by way of executive instructions.

Defence authorities had opposed Runwal’s petition contending that the plot in question was within 500 metres from the air force station where Indian Air Force is operating a helipad which is extensively used for military operations, training purposes and is also earmarked for movement of VVIPs like the prime minister.

The operation of heavy helicopters require flight path to be clear of any obstruction up to 750 metres and a mandated glide slope of 3 degree on approach would provide height of 39.3 metres above the ground at a distance of 750 metres from helipad landing point. The safety requirement warrants that there should be a safety margin of 50 metres between any obstruction and the mandated glide slope. Therefore, to ensure safety of helicopters no construction can be permitted in the flight path of heliport to the extent of 750 metres.

They added that the NOC for the project was denied because substantial part of the plot comes within flight take-off and landing path of heliport.

The contentions, however, failed to impress upon the bench. HC said defence authorities exercised their right of restriction by issuing notifications of February 14, 2007 and January 13, 2010 by clearly specifying that all areas falling within 100 metres of the air force station need to maintain restrictions.

It is relevant to note here that the notifications came to be issued after considering all relevant factors pertaining usage of the air force station and following due process as prescribed under provisions of the Works of Defence Act. The said notification still hold and therefore any restrictions imposed, contrary or in addition to the notifications, would be illegal and contrary to the law.