Team Herald
PANJIIM: In what comes as a major blow to authorities allowing constructions in the funnel zone near Dabolim airport, the High Court of Bombay at Goa has directed the Indian Navy to initiate immediate action against unauthorised constructions in the vicinity, preferably within nine months. The State has also been left red-faced as the Indian Navy’s submission in the court alleges government ignored its communications about illegal structures.
“We direct the Flag Officer, Commanding (Station Office - Aviation, Headquarters, Goa Naval Area) to immediately initiate/pursue action against the constructions which have come up in and around the Dabolim Airport areas and which, in his opinion, are prima facie, unauthorised and to complete such action as expeditiously as possible and in any case within a period of nine months from today. Such action to be initiated/completed having regard to the provisions of the Aircraft Act, the 1994 Rules, the 2015 Rules and the CCZM (colour coded zoning map) prepared there under and conditions of NOC, if issued,” the order issued by division bench on Friday states.
The 44-page order follows a series of hearings into a Public Interest Litigation filed by Alexander Michael and Abhijit Prabhudesai over mushrooming of alleged unauthorised constructions around Dabolim Airport.
The petition contended that while the Navy and Airport Authorities acknowledge the problem posed by such constructions to aviation safety, they are only intent upon passing the buck to the State and its agencies, who, in turn, are avoiding any action by urging that it is the Navy and the Airport Authorities or the Civil Aviation Authorities that are required to act in the matter.
The main petitioner, by way of illustration had also made reference to the constructions put up on property bearing survey No. 60/2 of Chicalim inter alia by Venture Building Dreams, a concern of Kamla Prasad Yadav (Builder) who is the deputy sarpanch of Chicalim. “The constructions put up in the property bearing survey No. 60/2 of Chicalim are unauthorised constructions commenced and continued despite notices for stoppage being issued by the Naval Authorities which notices were ignored by the Planning Authorities and the panchayat with impunity,” it stated.
During the hearing, Advocate S D Lotlikar, appearing for the builder denied contentions in the PIL and submitted that the petitions are barred by delay, laches and are motivated, which should not be entertained as PILs. He further submitted that there are several constructions and buildings which have come up in the area and even the Naval Authorities themselves have put up constructions and undertaken development within the area. He argued that since the petition did not target such constructions, it cannot be regarded as some genuine PILs and hence be dismissed.
On the other hand, the Flag Officer, in his affidavit stated that even before certain constructions commenced or whilst the constructions of certain structures were in progress, he had addressed several notices/communications to the State government and agencies of the State government pointing out the illegalities of such structures. These communications, he alleged were ignored and constructions were permitted. “Had the actions been carried out by the concerned authorities proactively, current situation which warrants demolition would not have come up,” he submitted clearly pointing out to government involvement in the illegality.
The Flag Officer in the context of constructions stated that despite all such letters no action was taken by Mormugao Planning & Development Authority (MPDA), Chicalim panchayat and the State government officials to stop the constructions, which went on “unabashedly”.
Based on the submissions from the parties, the bench of Justices M S Sonak and M S Jawalkar pronounced a detailed order for action into illegalities while disposing the petition.