Synopsis

Several real estate developers obtained No Objection Certificates (NOCs) from the Airport Authority of India (AAI) for construction of buildings within the 20‑km aerodrome safeguarding zone. The NOCs prescribed a maximum top elevation (e.g., 102.7 meters above mean sea level). After construction, AAI found that the actual top elevation exceeded the permitted limit by a few meters. The developers contended that the excess was not due to any unauthorized construction but due to a subsequent variation in the recorded ground/surface elevation (a factor beyond their control). They requested an aeronautical study (at their own cost) to determine whether the structures actually posed any hazard to aircraft operations. AAI refused to conduct such a study unless the developers first removed the alleged excess height (“demolition first”). The High Court, following Delhi High Court precedents, held that insistence on prior removal as a condition for considering an aeronautical study is arbitrary, irrational, and violative of Article 14. The Court directed AAI to conduct the aeronautical study at the petitioners’ cost and only thereafter decide on the question of removal, based on the study’s findings.

Court: High Court of Gujarat at Ahmedabad

Coram: Hon’ble Mr. Justice Hemant M. Prachchhak (Single Judge)

Date of Judgment: Not specified in the provided text (likely 2024/2025/2026 – the petitions are of 2024, judgment delivered after hearing)

Citation: R/Special Civil Application No. 3549 of 2024 & connected matters (unreported)

Core Law: Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 (GSR 751(E)); Aircraft (Demolition of Obstruction Caused by Buildings and Trees etc.) Rules, 1994; Constitution of India – Articles 14, 19(1)(g), 21, 226.

1. Heading of the judgment

High court of gujarat at ahmedabad

R/special civil application no. 3549 of 2024 & connected matters

Mahil infra a partnership firm & ors. (petitioners) vs. Airport authority of india & ors. (respondents)

Coram: hon’ble mr. justice hemant m. prachchhak

Date: not specified (oral judgment)

2. Legal framework

Major laws and provisions involved:

• Aircraft act, 1934 – section 9a (power to issue rules for safeguarding aircraft operations)

• Ministry of civil aviation (height restrictions for safeguarding of aircraft operations) rules, 2015 (gsr 751(e)) – rule 4 (mandatory noc), schedule ii clause 5 (aeronautical study for existing objects)

• Aircraft (demolition of obstruction caused by buildings and trees etc.) rules, 1994 – rules 5 (notice), 6a (opportunity of hearing), 6 (demolition order)

• Aerodrome safeguarding circular (adsac) 05 of 2020 and 08 of 2020 – guidelines for aeronautical study and appeals

• Constitution of india – article 14 (non‑arbitrariness), article 19(1)(g) (right to carry on occupation), arti

... Upgrade to a Premium Plan to view the full judgment.