Ahmedabad: In a significant ruling, the Gujarat High Court on Thursday directed the Airports Authority of India (AAI) and other relevant authorities to conduct an aeronautical survey of various buildings in response to demands made by six developers. These developers had been issued demolition notices for allegedly constructing beyond permissible heights, posing a risk to flight operations near the Sardar Vallabhbhai Patel International Airport.
Background of the Case
Advocate Nimit Shukla, representing one of the developers, stated that the developers — Mahil Infra, Abjibapa Infra, Preyas Infra, Balaji Developers, Kalash Infra, and Parth Developers — had constructed multiple towers after obtaining no-objection certificates (NOCs) from all authorities, with a maximum height of 102.7 meters in areas including Hanspura, Naroda, Nana Chiloda, and nearby regions. However, the authorities contended that the excess construction was illegal and needed to be removed.
Petitions Filed in 2024
In petitions filed in 2024, the builders challenged the demolition notices and demanded aeronautical studies to verify that their constructions complied with municipal development permissions. They argued that any excess in top elevation resulted from variations in recorded ground elevation rather than unauthorized additional construction. They sought directions for aeronautical studies under the Union Ministry of Civil Aviation's Height Restrictions for Safeguarding of Aircraft Operations Rules, 2015.
The AAI opposed the petitions, claiming that the builders had violated the original NOCs and that, under Aerodrome Safeguarding Circulars, revised clearance or an aeronautical study could only be considered after the structures were first brought into conformity with the original permissions. The authority also disputed the claim that ground elevation had changed, stating that the site elevation figures had been supplied by the petitioners themselves.
Court's Observations and Order
After the hearing, Justice H M Prachchhak remarked, "The insistence of the respondents that the petitioners must first remove the objectionable portion of the construction before any such survey is conducted is unjustified and untenable in the facts of the present case." The High Court ordered the authorities to undertake an aeronautical survey and directed the developers to bear the cost.
The court held that the refusal to consider aeronautical studies before insisting on demolition was irrational and arbitrary, especially when similarly situated nearby projects had been granted revised height permissions. It noted that the authorities had failed to properly apply their mind, and that non-application of mind was fatal to adjudication. While quashing the notices issued to these developers, the court stated that the authorities may order removal of excess construction after the survey is conducted.
This ruling sets a precedent for cases involving height restrictions near airports, emphasizing the need for thorough aeronautical assessments before demolition actions.
