The Sahar elevated road, which provides access to Terminal 2 of Chhatrapati Shivaji Maharaj Mumbai International Airport (CSMIA), has been ruled to be the property of the Bombay High Court (HC). The problem is that neither the Mumbai Metropolitan Region Development Authority (MMRDA) nor the Brihanmumbai Municipal Corporation (BMC) have asserted ownership or control over this vital road.
Bombay High Court Involved
A petition was presented by the firm Eversmile Construction asking for money instead of reserving its land for the road’s development plan in Sahar. The High Court determined that Mumbai International Airport Ltd. (MIAL) could not own the road when BMC and MMRDA disclaimed any liability.
The Sahar elevated road can now be taken back, destroyed, or dismantled, according to the petitioner in the HC. Even against the backdrop of Mumbai’s frequently unique happenings, it deemed the circumstance to be “utterly unique.”
Justices Gautam Patel and Kamal Khata were members of it. They noted that it appears that there is still a plot of land in Mumbai that is outside the jurisdiction of every recognized public planning authority.
The local planning authorities, the BMC and MMRDA, both testified in court that they lacked jurisdiction over the Sahar elevated road. The High Court’s ruling states that the MMRDA’s position is still unclear. (As per Mumbai Live)
Further Hearing On Sept 13
The Transfer of Development Rights (TDR) could only be granted if MMRDA, the special planning authority, authorized them to do so, emphasized Abhay Patki, speaking on behalf of the state, and Pooja Yadav, speaking on behalf of the BMC. Senior attorney Pravin Samdani for the builder testified before the court as well.
The access road was not included in MMRDA’s contention that it had a specific planning authority for the airport region. The conduct of MMRDA shocked the High Court. It said there was no way to fix the problem.
The High Court asked MMRDA to provide a “responsible affidavit” by September 11 in order to gain clarity. Additionally, it instructed MIAL to produce a thorough statement outlining how it came into possession of the road, its surroundings, who built it, and the authorization procedure.
Citing Article 300A of the Indian Constitution, the High Court emphasized that private land cannot be rightfully taken for public purposes without compensation. On September 13, there will be more hearings in the case. (As per Mumbai Live)
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