Over the years there have been many allegations that the real estate lobby in Bangalore has systematically used their clout and patronage power to skirt the law, get away with illegalities and escape prosecution by using their fabled financial clout.
However it comes as a shock to realize that even India’s National Defence could be a casualty when confronted with e power of the real estate lobby.
Hindustan Aeronautics Ltd has for the past 3 years been fighting a case against M/s Chalet Hotels P Ltd, part of the K Raheja Development Corporation group, Mumbai. The case relates to alleged falsification of the AMSL level (height above mean sea level) to obtain permission to construct extra floors in Koramangala 3rd Block.
Illegal construction above allowed levels would gravely jeopardize the ability of HAL, a vital part of the Indian Air Force’s strategic assets to develop the aircraft and infrastructure that our men and women in uniform need.
It comes as a shock therefore that the Builder in question and the Legal luminaries doing battle for it have descended down a treacherous road where they now are actively seeking the courts indulgence to let the illegal construction proceed and kill HAL instead.
Here is the excerpt of the proceedings that went on before the hon’ble Justice Ram Mohan Reddy on December 4, 2015 (Order in WP 37571/2013)
The gamut of pleadings coupled with arguments advanced by learned counsel point to a fact that HAL Aerodrome is not as was contemplated by the Ministry of Civil Aviation while issuing notification dated 14-1-2010, i.e., as Defence Aerodrome since it is asserted in the pleadings more appropriately at paragraph 5 of the statement of objections of respondent No.1 to the writ petition which reads:
* The primary purpose xxxx
HAL Aerodrome is a unique Defence Aerodrome in comparison to all other Defence Aerodromes for the following reasons:
* HAL is the sole premier Aircraft, Design and Manufacturing organization in the country promoting a safe test flying environment which is critical for National Defence;
* Flying operations at HAL involve test flying of experimental, unproven, developmental Aeroplanes and Helicopters;
* Test flying of prototypes and pre-production models;
* Special exercises are carried out such as Practice Forced Landing (PFL) which involves an unconventional approach to land;
* Carrying out Single Engine landing of a multi engine Aircraft for test purposes;
* Flying in poor weather conditions (low visibility);
* Switching off engines and re-ignition in mid-air;
* Post production Test flying
* The above mentioned nature of work carried out in HAL Aerodrome entail a high level of risk and hence safety margins from the obstacle on ground around the Airport are essential and therefore additional restrictions are imposed such as no violation of obstacle limitation surface shall be permitted under any circumstances as they are inviolable and non-negotiable and also as a corollary no requests for Aeronautical studies in the event of a violation of the said surface shall be entertained.
* The aforesaid speciality is for the first time set out in the statement of objections, though the notification dated 14.01.2010, Annexure-B, does not make a whisper about HAL Aerodrome being a unique Defence Aerodrome. The indication given is that there is a humongous risk to all inhabitants surrounding the unique Defence Aerodrome , therefore, a larger question as to whether the inhabitants are to be removed so as to ensure proper working of the unique Defence Aerodrome or Defence Aerodrome should put an end to its uniqueness, except to allow Aeroplanes to take off and land and nothing more.
* This larger question is looming large for decision, having regard to the plenary power of this Court under Article 226 of the Constitution.
On December 7, when the court heard it again:
* Having regard to the specific stand of respondent/ HAL in its statement of objections to I.A.No.2/2014 following which by the order dated 05.11.2015 directed modification of the order dated 31.07.2014, undoubtedly, the AAI is required to comply with the said order to conduct Aeronautical study of Bengaluru (HAL) Aerodrome in terms of notified parameters, Annexure-B (S.O. 84(E)), to the petition for HAL Airport to ascertain as to whether or not the building constructed or to be constructed above 62 metres from the ground level of petitioners property would affect the safety of the Airport operation and submit the report in any event by the 31st December 2015.
The case is re-listed for 4th January 2016.