Bombay High Court
Yeshwant Shenoy S/O V.L. Shenoy vs The Union Of India And Ors on 5 March, 2026
2026:BHC-AS:12277-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CR. PUBLIC INTEREST LITIGATION (ST) NO.7 OF 2017
Yeshwanth Shenoy .. Petitioner
Vs.
The Union of India,
Through Ministry of Civil Aviation and Ors. .. Respondents
None for the Petitioner.
Mr. Ajay Khaire, Advocate for Respondent No.2-AAI.
Ms. Mankunwar M. Deshmukh, In-Charge Public Prosecutor with
Mr. K.V. Saste, Additional Public Prosecutor for Respondent No.6.
Mr. Ranjit A. Thorat, Senior Advocate, with Mr. P.P. Chauhan,
i/by Ms. Komal Punjabi, Advocates for Respondent No.7-BMC.
Mr. Farid Karachiwala with Mr. Yuvraj Choksy, Advocates, i/by J.
Sagar & Associates, for Respondent No.14-CBI.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 5TH MARCH 2026.
P.C. :
No one appears for the petitioner.
2. The petitioner is an Advocate and in this Public Interest Litigation, he states that he has interned with the United Nations Inter-Regional Crime and Justice Research Institute. He claims that he has authored a few books and the last book authored by him was released in June, 2016. He seeks an inquiry under Rule 5(1)(d) read with Rule 12 of the Aircraft (Investigation of Accidents and Incidents) Rules, 2017. He is seeking a direction to the respondent no.14-Central Bureau of Investigation to cause an investigation and produce a report before this Court to identify the persons responsible for allowing construction of buildings with illegal heights which would obstruct free movement of aircrafts and vital communication systems. The petitioner also seeks a direction to the respondent nos.7, 8, 9 and 11 to have a 1/7 907-CRPIL(ST)-7-2017.doc Dixit ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 21:38:54 ::: contingency plan for minimizing casualties in the event of an air accident/terrorist attack.
3. The respondents have filed affidavits to oppose the PIL. In the affidavit dated 3rd August 2017 filed on behalf of the respondent no.4, Mr. Partha Sarathi Ganguly, Senior Vice President, Legal and Authorized Representative of the Mumbai International Airport Ltd. has stated as under:-
"16. I say that the BCAS, for the purposes of tightening security measures towards the city side of the airport, vide AVSEC order No.18/2011 dated 2nd February 2011 issued directions on the measures to be undertaken by the concerned agencies. The said AVSEC order also provides for the security measures pertaining to the parking areas as produced hereunder:
a. "iii) Parking area should be 100m away from terminal building wherever airport outlay so allows."
(emphasis supplied) It is pertinent to mention that even for the Mumbai Airport, the said security requirements of BCAS have been duly met with by the Respondent No. 4. I say that the Multi-Level Car Park allegedly in violation of the 100 meters security requirement is in fact located at a distance of 128 meters from Departure level and is at a distance of 102 meters from Arrival level. Thus, despite the land constraints at the Mumbai Airport, the necessary security clearance requirements have been maintained by the Respondent No. 4. I say that even the BCAS which is the ultimate authority in regulating security at the airports all over the country has directed that the distance of 100 meters between the parking area and terminal building is to be adhered to wherever the airport outlay permits and the same should as far as possible be followed. The AVSEC Order 18/2011 shows that the distance requirement is not mandatory but directory in nature as it clearly stipulates that the distance be maintained if the "outlay so allows". Hereto annexed and marked as Exhibit "1" is the copy of the AVSEC Order No. 18/2011 dated 2nd February 2011. I further say that the Respondent No.4 has duly complied with all the necessary security requirements and directions issued by the BCAS and only thereafter, the Dy. Commissioner of Security (Civil Aviation) has issued the security clearance for Multi-Level Car Parking at Mumbai Airport vide its letter dated 12 th May 2015."
4. In the subsequent affidavit dated 14 th January 2020 filed on behalf of the respondent no.4-Mumbai International Airport Ltd., Ms. Ayesha Farooq, Manager-Legal and Authorized Representative of the Mumbai International Airport Ltd., has stated as under:-
"5. I say that one of the many issues raised by the Petitioner is 2/7 907-CRPIL(ST)-7-2017.doc Dixit ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 21:38:54 ::: relating to the height restriction in respect of buildings around Mumbai Airport and violations in relation thereto. I say that the Aircraft Act, 1934 (hereinafter referred to as "the Aircraft Act") governs the control of the manufacture, possession, use, operation, sale, import and export of aircrafts in India and provides that the Central Government has various powers to make rules for the security and safety of aircraft operations. Section 9A of the Aircraft Act grants the power to the Central Government to prohibit or regulate construction of buildings, planting of trees, etc. or any other structure for the safety of aircraft operations. Under Section 9A of the Aircraft Act, if the Central Government is of the opinion that it is necessary and expedient for the safety of a aircraft operations, it can issue such notifications directing the owner or a person having control over such building, structure or tree to demolish the same or reduce the height thereof when the height of such building structure or tree exceeds the limits specified therein.
6. I say that in pursuance of the powers laid down under Section 9A of the Aircraft Act, the Central Government, through the Ministry of Civil Aviation issued a Gazette Notification dated 14th January, 2010, being Statutory Order 84(E) (hereinafter referred to as "the said Statutory Order"). The said Statutory Order provides for buildings and trees falling in the notified region around the aerodrome exceeding the prescribed height to be brought down to the height as specified. Thus, buildings and structures exceeding the specified height shall have to be reduced and no structure shall be developed or constructed beyond the prescribed height in the notified region. I say that the said Statutory Order further provides for the demolition of such building or structure if the same is not brought down to the specified height within the period notified by the State Government.
7. I say that the said Statutory Order has been superseded by a Gazette Notification G.S.R 751 (E) dated 30th September, 2015 which contains the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, (hereinafter referred to as "the said GSR"). The said GSR also provides that no structure shall be constructed or erected, or any tree planted or grown on any land within a radius not exceeding twenty kilometers from the Aerodrome Reference Point of the civil and defence aerodromes without obtaining a No Objection Certificate for the height clearance. I say that the said GSR further provides that in the event of such building or structure exceeding the permissible height shall be dealt with in the manner provided for in the Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 1994 ("Demolition Rules"). I therefore say that it is the said GSR that is currently in force for height clearances to be obtained and in the case of such height exceeding the permissible limit, steps as provided thereunder are required to be taken. Hereto annexed and marked as Exhibit "1" is the said G.S.R 751 (E) dated 30 th September 2015.
8. I say that the Petitioner had filed a Public Interest Litigation No.86 of 2014 on the said issue of height restriction. I say that 3/7 907-CRPIL(ST)-7-2017.doc Dixit ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 21:38:54 ::: PIL No.86 of 2014 specifically dealt with the permissible height of structures around the Mumbai Airport. I say that the Respondent No. 4 had filed various Affidavits and made various submissions before the Hon'ble Court on the said issue. I say that, after extensively hearing all the concerned parties, the said PIL No.86 of 2014 was disposed off by an Order dated 5 th & 6th April, 2018 passed by the Division Bench of this Hon'ble Court. I say that the Order passed in the said PIL No. 86 of 2014 states that the said GSR has not been challenged by the Petitioner and till the time the said GSR is in force and same will have to be adhered to. I say that the Hon'ble Court observed that presently it is the said GSR and the Rules notified thereunder which would have to be followed and guide the authorities. I say that the Hon'ble Court also took note of the statement made by the Airports Authority of India ("AAI") in its Affidavit stating that the NOC for height clearance is given by AAI in accordance with the said GSR and hence the Hon'ble Court observed that the said GSR now governs the field and will have to be followed while granting NOC to any building/structure. I therefore say that the issue of height restriction has already been substantially heard and decided by a Division Bench of this Hon'ble Court and therefore this issue need not be gone into while hearing and deciding the said PIL."
5. In the affidavit-in-reply filed on 16th October 2017 by Mr. Hemant Dattatraya Parab, Deputy Chief Fire Officer, Mumbai Fire Brigade Headquarters, Municipal Corporation of Greater Mumbai on behalf of the respondent no.7, it is stated as under:
"4. I say that as regard to the Fire Brigade Department in the vicinity of the domestic and international airport, the Fire Brigade Stations are located, on the East side at Kurla Kamani, on the North-East side at Vikhroli, on South side at BKC area, on North side at Marol and on West side at Andheri (West) and Vile Parle (West). I say that all the aforesaid Fire Stations are within 3 to 4 km. of the vicinity of the Airports. I say that Fire Brigade Station is equipped with fire engines, ambulance, water tankers, rescue vans, breathing apparatus vans, foam tenders etc. which are available at aforesaid fire stations.
5. I say that six Emergency Ambulance Services are made available on stand by basis to the nearby major civic hospitals viz. B.Y.L. Nair Hospital at Mumbai Central, L.T. General Hospital at Sion, Bhabha Hospital at Bandra (West) and Bhabha Hospital at Kurla (East), Rajawadi Hospital at Ghatkopar and Shatabdi Hospital at Kandivali (West), the driver of each such ambulance is an employee of the Fire Brigade Department, who is available for 24 hours in order to give response immediately to any disaster call. Each ambulance is equipped with emergency treatment facility having staff of one doctor, one nurse and two ward boys and/or ward women to deal with the medical emergency from the Hospital.
6. I say that several water filling points are made available by the 4/7 907-CRPIL(ST)-7-2017.doc Dixit ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 21:38:54 ::: MCGM in the vicinity of the airports to have immediate access to water for controlling any fire which may erupt due to any aircraft accident.
7. I say that at the main station of Fire Brigade of the Airports, the Airport Authority have their own fleet of Fire Engines and other vehicles like crash fire tenders, foam tenders etc."
6. Subsequently, in the affidavit-in-reply filed on 9 th November 2017 by Dr. Chetna Nitil K., Medical Officer of Health, Municipal Corporation of Greater Mumbai on behalf of the respondent no.7, it is stated as under:
"4. I say that as regards medical facilities which are available in the vicinity of the airport, the details are given as under:
a) Trauma Hospital H.B.T.H. (Jogeshwari) Emergency No. : Dr. Shashikant Wadekar - 9833082373/ 28224083 Blood Bank :- Extension 209/215 - 28224083, Beds available in emergency - 10 and Total Bed Capacity - 304 beds, Ventilators available in emergency - 3, Distance from Airport :- situate in K/East Ward 5.7 km. from Chhatrapati Shivaji International Airport.
b) Dr. R.N. Cooper Hospital (Juhu) Medical Superintendent : Dr. Bawa Singh - 9869004189/ 26182081, Blood Bank - 26182081, Beds available in emergency - 6 and Total Bed Capacity - 636 beds, Ventilators available in emergency - 2, Distance from Airport :- situate in K/West Ward approximately 5.3 km. from Chhatrapati Shivaji International Airport.
c) V.N. Desai Hospital Emergency No.:- Medical Superintendent - 26151506, Blood Bank :- 26182081, Beds available in emergency - 8 and Total Bed Capacity - 259, Ventilators available in emergency - 3, OPD :- Medicine, General Surgery, Paediatrics, Obs & Gynaec, Orthopaedics, Ophthalmology, Skin, Diabetes, T.B., I.C.T.C., DILAASA, Spinal OPD., Diagnostic :- Pathology Lab., E.C.G., E.E.G., X-Ray, Sonography, C.T. Scan., Speciality :- Linkage-Cardiology, Endocrinology, Miscellaneous :- Ambulance, Mortuary, Hearse.
5. I say that the MCGM has 108 ambulances in the nearby vicinity of the Airport. I say that distance between Khar and the Airport is around 4.9 to 5.6 km, between Andheri and the Airport is around 2.5 to 3 km and between Kurla and Airport is 10.6 to 13.4 km. I further say that as regards ambulance services which are available in the vicinity of the airport of which the details in respect of private ambulance services are furnished 5/7 907-CRPIL(ST)-7-2017.doc Dixit ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 21:38:54 ::: as under:-
a. Sanjeevani Ambulance (Khar) - 91-22-3852150/ 989218211 b. Lifejet Cardiac Ambulance (Khar) - 91-22-38521148 c. Sahara Cardiac Ambulance (Khar) - 91-22-38521148 d. Aditya Ambulance (Khar) - 91-22-38549004 e. Jayshree Ganesh Ambulance - 91-22-38569146/ 9820772231 f. Sanjeevani Ambulance (Khar) - 91-22-38528150/ 989218211 g. KGN Ambulance - 91-22-38540547 h. Pulse Hitesh Health Services (Kurla) - 91-22-38515273 i. SRTC Ambulance (Andheri - W) - 91-22-38524571
6. I say that as regards the nearest blood banks, the same are located as under:
a. Trauma Hospital H.B.T.H. (Jogeshwari): Distance from Airport : situated in K/East Ward 5.7 to 6 km from Chhatrapati Shivaji International Airport. b. Dr. R.N. Cooper Hospital (Juhu): Distance from Airport : situated in K/West Ward, approximately 3.6 to 5.3 km from Chhatrapati Shivaji International Airport.
c. V.N. Desai Hospital:
Distance from Airport : situated in H/East Ward, near Western Express Highway, approximately 3.5 to 6 km from Chhatrapati Shivaji International Airport. IPD : Medicine, General Surgery, Paediatrics, Obs. & Gynaec, ENT, Ophthalmology, Spine Surgery Ward., Emergency : Casualty 24 x 7, Blood Bank, MICU (7 beds under PPPP, 3 beds under MCGM), NICU, BURNS., Diagnostic : Pathology Lab., E.C.G., X-Ray, Sonography, C.T. Scan, Speciality : Spine Surgery, Miscellaneous : Ambulance, Mortuary, Hearse, Distance from Airport : situate in H/East Ward, near Western Express Highway, approximately 8.4 km from Chhatrapati Shivaji International Airport. d. Seven Hills Hospital:
Distance : situated in K/East Ward, approximately 2.5 km from Chhatrapati Shivaji International Airport. Emergency No.: Dr. Ajinkya Bhandari - 9822037696, Blood Bank No.: Dr. Doshi - 67676719, Beds available in emergency - 15, Ventilators available in emergency - 8. e. K.B. Bhabha Hospital at Bandra (West): Distance : situated in H/West Ward, approximately 14 km from Chhatrapati Shivaji International Airport., Total Bed Capacity : 259 Beds, OPD : Medicine, General Surgery, Pediatrics, Obs & Gynaec, Orthopedics, Ayurvedic ENT, Ophthalmology, Skin, Psychiatry, Dental, Diabetes, T.B., A.R.T., I.C.T.C., DILAASA, OTPT, IPD : Medicine, General Surgery, Pediatrics, Obs & Gynaec, Orthopedics, 6/7 907-CRPIL(ST)-7-2017.doc Dixit ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 21:38:54 ::: Ayurvedic ENT, Ophthalmology, Skin, Premature Ward. Emergency : Casualty, MICU, Blood Bank, C.T. Scan.
7. I say that respondent no.7 has also constituted a Disaster Management Team to deal with any mishap or any accident in respect of the aforesaid airports of which the details are furnished as under:
Sr. No. Name Designation Contact No.
1 Dr. Chetna Nitil K. Medical Officer of Health 9920759811
2 Dr. Mayur Sapkale Assistant Medical Officer 8850218235
3 Dr. Sudhir Mishra Assistant Medical Officer 9004423053
4 Mr. Sanjay Thakur Sr. Sanitary Inspector 9820298262
5 Mr. Rajendra Tare Sanitary Inspector 9869445684
6 Mr. M.R. D'Souza Sanitary Inspector 9820428277
7 Mr. Arvind Sankhe Sanitary Inspector 7798873394
8 Mr. Santosh Naik Sanitary Inspector 9967228732
7. Upon perusing the pleadings in the PIL, we have formed an opinion that this Public Interest Litigation is a sort of chance litigation. Such petitions not only cause harassment to the public authorities, it also results in wastage of the Court's precious time.
Be that as it may, in view of the stand taken by the respondents in the aforementioned affidavits, the issues raised in the PIL are addressed.
8. Public Interest Litigation (Stamp) No.7 of 2017 is dismissed.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally
signed by
SNEHA
SNEHA ABHAY
7/7
ABHAY DIXIT
907-CRPIL(ST)-7-2017.doc Dixit
Date:
DIXIT 2026.03.13
12:00:34
+0530
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