MUMBAI: The Bombay High Court on Monday cleared the way for demolition of 19 unoccupied buildings in the Air India Staff Colony in Kalina by dismissing a petition filed by residents seeking a stay on the demolition.
The single bench of Justice RN Laddha also refused to grant a request for status quo for two weeks, though the counsel for the colony residents pointing out that a connected matter is expected to come up before the Supreme Court on February 13.
The petition, brought forth by approximately 310 families living in the colony, sought relief against the impending demolition drive initiated by Mumbai International Airport Ltd (MIAL) for expanding infrastructure around the international airport.
Justice Laddha observed that the employees were merely licensees of the apartments, with their rights limited to their employment contracts. He emphasised that housing is considered a welfare measure, and entitlements are determined solely by the employer.
The decision by the city civil court at Dindoshi to reject an interim relief application earlier prompted the residents to approach the high court for an injunction. However, the high court, taking note of MIAL’s submissions, found no grounds to overturn the earlier ruling.
“For these reasons, this court does not consider it necessary to discuss in detail the submissions advanced by the learned counsel for the parties. Resultantly, this court does not find any error in the impugned order dated January 25, 2024, declining to grant ad- interim protection in favour of the appellants.”
MIAL assured the court that only 19 unoccupied structures out of 108 buildings in the colony would be demolished. It also said the structures occupied by employees would remain undisturbed, with due process of law followed and essential services maintained.
During the hearing, the residents, represented by advocates Ashok D Shetty and Rita Joshi, had alleged coercion by MIAL through the mechanisms set up by the Airport Authority of India, claiming neglect of key aspects of ownership. They argued that the demolition order should be quashed due to unresolved ownership issues and procedural irregularities.
However, MIAL countered these claims, stating that the land and building structures were leased and transferred to MIAL following Air India’s disinvestment in 2023. MIAL referenced a decision by the Air India Specific Alternate Mechanism permitting employees to occupy housing premises for six months post-disinvestment, after which they were required to vacate or face damages. MIAL also highlighted the disposal of a writ petition against the disinvestment by the Bombay High Court, emphasizing the need for adherence to legal processes.
