The Bombay High Court (HC) recently stepped in to settle a contentious dispute regarding the ownership and control of the Sahar elevated road. This road is the lifeline providing access to Terminal 2 of Chhatrapati Shivaji Maharaj Mumbai International Airport (CSMIA). The dispute primarily revolves around the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Metropolitan Region Development Authority (MMRDA) both refusing to claim responsibility for this crucial roadway.
Eversmile Construction’s Plea
Eversmile Construction, a local builder, found itself in a quandary when the BMC and MMRDA distanced themselves from any obligations concerning the Sahar elevated road. The builder had initially set aside its property for the road’s development plan at Sahar but found itself left in the lurch. In response to this impasse, the High Court rendered a decision stating that Mumbai International Airport Ltd. (MIAL) couldn’t rightfully assert ownership over the road.
Unique Circumstances Unfold
In a twist that can only be described as “utterly unique, ” even by the standards of Mumbai’s often complex disputes, the High Court declared the situation to be unprecedented. Justices Gautam Patel and Kamal Khata presiding over the case remarked, “It seems that there is even today in this city of Mumbai a piece of land that lies outside the control and command areas of every known public planning authority. “
BMC and MMRDA’s Surprising Stance
Both BMC and MMRDA, which are typically regarded as the municipal planning authorities, appeared in court but surprisingly disclaimed any authority over the Sahar elevated road. According to the High Court’s verdict, MMRDA’s stance remains baffling and unclear.
Abhay Patki, representing the state, and Pooja Yadav, representing BMC, highlighted that any Transfer of Development Rights (TDR) could only be granted if MMRDA, the special planning authority, instructed them to do so. The court also listened to the arguments put forth by Pravin Samdani, a senior lawyer representing the builder.
MMRDA’s Special Planning Authority Claim
MMRDA, in an interesting twist, asserted itself as the special planning authority for the airport area but explicitly excluded the access road from its jurisdiction. The High Court expressed shock at MMRDA’s actions and deemed the situation to be unsolvable.
Seeking Clarity and Justice
To bring clarity to this convoluted situation, the High Court has requested a “responsible affidavit” from MMRDA by September 11. Additionally, it has directed MIAL to furnish a comprehensive response explaining how it came into possession of the road, the circumstances surrounding its construction, who the builders were, and the authorization process followed.
The High Court, in line with the principles laid down in Article 300A of the Indian Constitution, underscored that private property cannot be legally acquired for public use without due compensation. The case is scheduled for further proceedings on September 13, and it remains a subject of keen interest for all concerned parties.