Can’t construct Buildings around Airport violating Navy rules: High Court

The Bombay High Court at Goa has come down heavily on Mormugao Planning & Development Authority (MPDA) & a close acquaintance of panchayat minister Mauvin Godinho for violating rules framed by the Navy for constructions around Goa international airport.

Mormugao Planning & Development Authority had rejected the Navy’s rules to regulate construction within a 4-kilometre radius around the airport, which also serves as an airbase for the fighter jets & maritime reconnaissance aircraft. 

In an interim order, the HC has said the MPDA has no authority to reject the colour-coded zoning map by the Navy to regulate construction around the airport.

A division bench of Justice M S Sonak & Justice M S Jawalkar also said that it was disturbing that 1 of the petitioners, Chicalim deputy sarpanch Kamla Prasad Yadav, has “prima facie” carried out construction in “defiance of 2015 rules”.

Yadav is a close aide of Dabolim MLA Godinha & both are members of MPDA, which granted permission to builders including Yadav’s Venture Building Dreams to construct highrises within the flight path of an aircraft.

Yadav’s real estate project has over 100 flats in 2 buildings.

On Nov 18, MPDA passed a resolution rejecting the Navy’s building rules. The body also decided that construction permissions will continue to be granted based on the funnel area shown in Vasco’s outline development plan.

The Bench observed that “What is disturbing is that such a resolution was passed during the pendency of these petitions".

The HC also said the colour-coded map of the Navy will prevail over the Vasco ODP & MPDA can't ignore it by passing a resolution.

The HC said that “This is a matter of aviation safety & due deference is necessary to be shown to not only the 2015 rules, but also the CCZM prepared".

Godinho had told the news agency that the Navy was using the security of aircraft as an excuse to restrict construction activity in the vicinity of the airport.

He said that “Just because some homes are in the landing zone, you cannot destroy the buildings".

The State Govt has also rejected the Navy rules & CM Pramod Sawant has written to the defence ministry asking for the norms to be relaxed for Goa.

The HC said that “The MPDA will have no authority to pass the aforesaid resolution, as the passing of the resolution virtually amounts to the MPDA acting in defiance with the ministry of civil aviation (height restrictions for safeguarding of aircraft operations) rules, 2015, or the colour coded zoning map (CCZM) prepared thereunder".

The HC passed the order on a PIL filed by Alexander Michael & others against MPDA & the State Govt for allowing several high-rise buildings to come up in the close vicinity of Goa’s lone airport.

MPDA, through its lawyer, A D Bhobe said the planning body would abide by the Navy rules & not grant development permissions on the basis of the ODP.

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