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SC ‘breather’ for illegal structures at Dabolim

PANAJI

The Supreme Court has ordered that status quo be maintained concerning illegal structures that have mushroomed around the airport at Dabolim that were set to be demolished under orders of the Bombay High Court at Goa.

The Supreme Court bench of Justices L Nageshwara Rao, B R Gavai and A S Bopanna ordered the issue of notice to the relevant authorities.

“Status quo, as on today, shall be maintained by the parties until further orders,” the Bench said while granting permission to file a special leave petition.

The petitioners had earlier approached the Bombay High Court at Goa seeking that they be given time to regularise their structures.

The petitioners admitted that they have put up illegal constructions, but they have also applied for regularisation of such illegal constructions. Claiming protection under the “principles of natural justice and fair play” the applicants sought a chance to regularise their structures further claiming that regularisation can be permitted even if the structures are in the funnel zone so long as some height restrictions are observed.

The Bombay High Court, however, didn’t grant any relief.

“This is a matter concerning aviation safety. Already, there was an incident of a MIG crashing into a constructed house. This is a matter where illegal structures were erected despite letters by the Naval Authorities that the Panchayat and the Planning Authorities should prevent them. Therefore, based on the submissions made, we do not think that the Applicants can be permitted to intervene in this contempt petition and stall the action,” the High Court had ruled in April this year.

“Many of these illegal constructions were put up in the teeth of protests from the Naval Defence authorities. However, the local authorities had avoided action for reasons that were not far to discern. The PIL highlighted this issue and pointed out the illegality of the structures and the patent danger that such structures posed to aviation safety,” the High Court had also said.


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