Bombay HC dismisses appeals against eviction from Air India Colony, stays order by 6 weeks

Indian Express

15-07-2025

The Bombay High Court on Tuesday dismissed appeals filed by staff members residing at Air India Colony at Kalina, Santacruz, challenging eviction order. On request by appellants, the HC stayed operation of its verdict for six weeks to enable them to approach the Supreme Court to challenge the same.
The colony, spread over 184 acres, houses 350 families employed with the airline who are against the handover. As part of its expansion plan, the Mumbai International Airport Limited (MIAL), controlled by Adani Airport Holdings Limited, initiated the demolition of 19 vacant buildings at the Air India Colony amid protests by Air India employees. In February 2024, the HC rejected a plea by Air India Staff Colony Association, which alleged that the demolition action was illegal.
The land on which the colony was built was owned by the state government and was leased to the Airports Authority of India (AAI), which had given the land to Air India.
A single-judge bench of Justice Sharmila U Deshmukh passed a verdict on group of pleas challenging the August 26, 2024, final order of eviction officer appointed under section 28B of AAI Act, 1984, that ordered handing over of the possession of respective flats situated in the Air India Housing Colony in Kalina area.
The eviction officer had passed the decision on MIAL's application seeking initiation of eviction proceedings against the respondent employees of Air India Limited as unauthorised occupant of airport premises.
The said decision noted that Air India employees did not have the right, title and interest in the building, the employees had no right to continue to occupy the premises, therefore they were required to be evicted.
In September 2024, senior advocate Vikram Nankani for MIAL made a statement that pending disposal of appeals, the eviction orders will not be implemented except in case of retired employees.
Senior advocate Mihir Desai for the appellants argued that their leave and licence agreements were not yet terminated as per law. He added that as the subject area was not airport premises, it did not fall under the said category of AAI Act. However, Nankani for MIAL denied the appellants' claims.
Justice Deshmukh held that the lands on which housing colonies are located are owned by AAI and constitute airport premises under the AAI Act. The HC further noted that the lease hold rights in the colony lands were transferred to MIAL on disinvestment of Air India Ltd.
'As the housing colonies constructed on the airport land yield to the lessor on disinvestment, the same constitutes airport premises. In any event, Air India Asset Holding Company Limited (AIAHCL) has handed over the possession of the housing colonies to MIAL,' the bench added.
The judge further noted that 'the housing accommodation facility advanced by Air India Ltd to its employees stood withdrawn and leave and license stood terminated' and the time was given by HC to vacate the premises by September 24, 2022.
'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 bench said.
The court further stated that as the subject lands and housing colonies form airport premises, the AAI Act will be applicable to them instead of Public Premises (Eviction of Unauthorised Occupants) Act.