Karnataka HC tells BMRCL to stop all work near Jakkur Aerodrome

The Karnataka High Court on Tuesday passed an interim order restraining the Bangalore Metro Rail Corporation Limited (BMRCL) from carrying out the construction of the elevated metro line or any other construction activity on the western side of the Jakkur Aerodrome.

The petition contended that allowing construction of the elevated line in the ‘No Construction Zone/Runway Strip’ would sound the death knell for the aerodrome.

A division bench headed by Chief Justice Abhay Shreeniwas Oka passed the interim order in response to a PIL filed by Ajoy Kumar Patil, a city-based advocate.

The petition stated that under Section 9A of the Aircraft Act, 1934, securing a No Objection Certificate from the notified aerodrome was mandatory before taking up construction within a 20-km radius from the aerodrome reference point. Further, Section 4 (2) of the act prohibits any construction within a distance of 60 metres (runway strip) of the extremity of the existing runway. The petition contended that the proposed metro line and the retaining wall, which is being constructed, fall within the distance of 60 meters.

The petition stated that the elevated highway that came up in 2013 was also in violation of these rules and falls directly in line with the western end of the runway, causing grave flight hazard to aircraft taking off and landing.

The petition has placed on record the letter of the then chief secretary dated February 2, 2013 to the chairman of National Highways Authority of India (NHAI) stating that the elevated highway is a major 'safety hazard' to all aeroplanes flying in and out of the Jakkur Aerodrome. "It is a fortiori that when the elevated highway itself admittedly has violated the rules, then both retaining wall and the proposed elevated metro line would be a graver violation," the petition stated.

The petition submitted that there are attempts to encroach the aerodrome land by certain land sharks. This is being done with the connivance of the state government with the mala fide intention to shut down the aerodrome so that the land can be diverted for real estate purposes. The Jakkur Aerodrome, one of the oldest, provides pilot training to young students from socially and economically weaker sections of the society.