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HC dismisses AI staff appeals against eviction from Kalina

HC dismisses AI staff appeals against eviction from Kalina

Time of India15-07-2025
Mumbai: Bombay High Court on Tuesday dismissed appeals filed by Shilpi Minz and other Air India staffers against their eviction from the AI staff colony in Kalina, Santacruz East.
HC, though, continued a stay on their eviction for another six weeks to enable them to appeal to Supreme Court.
The staffers and AI, following its privatisation, were locked in a legal battle over eviction from their staff quarters. The employees, in their appeals against Mumbai International Airport Ltd (MIAL) and others, said there were five broad grounds in their favour.
The single-judge bench of Justice Sharmila Deshmukh, in her judgment, said the land belonged to Airport Authority of India (AAI) and, "As the lands leased to Air India Ltd constitute airport premises, the buildings cannot be divorced from the leased lands to constitute public premises by applying the concept of dual ownership post disinvestment," She added, "Once the residential accommodations are held to be airport premises, it is the AAI Act which would be applicable and not the PPE (Public Premises Eviction) Act.
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Following earlier HC orders giving staffers time until Sept 24, 2022, after housing accommodation by AI to staff was withdrawn, the HC noted that of 1,683 flats located in 106 buildings, 216 flats remain occupied. Upon disinvestment, no right remained to continue to occupy the residential accommodation, the HC said.
The HC also held that leasehold rights in the housing colony lands were transferred to MIAL upon the disinvestment of Air India Ltd.
Through advocates Mihir Desai, Ashok Shetty, and Rita Joshi, they argued the right to retain their quarters was pending before the SC. Besides, AI and the Centre suggested the PPE Act would apply and MIAL or AAI cannot invoke eviction action as the AAI Act doesn't apply. The staffers are from AI, Air India Engineering Services Ltd, and AI Airport Services Ltd. The colony is maintained by Air India Staff Colony Associations, which the staffers said are in possession of the staff colonies entrusted to them by Air India.
After hearing senior counsel Vikram Nankani for MIAL and Shilpa Kapil for AAI, who said the eviction order under the law is justified, the HC dismissed the appeal. The HC said, "No right in the housing colonies' lands or the housing colonies remained with Air India Ltd upon disinvestment and no such right can be claimed by its employees."
The HC also said proceedings pending before the SC can't be a ground to stay the eviction proceedings, especially when the apex court did not interfere with the institution of eviction proceedings.
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