Gujarat High Court Orders Aeronautical Survey Before Demolition of Buildings Near Ahmedabad Airport
The Gujarat High Court has directed an aeronautical survey of real-estate properties located near Ahmedabad International Airport, which are alleged to be in violation of the prescribed elevation level. The court quashed notices that directed the removal of construction before the survey was conducted.
The court was hearing a batch of petitions seeking directions to the Airport Authority of India (AAI) to conduct an aeronautical study by the International Civil Aviation Organization (ICAO) at the petitioners' expense, as prescribed in the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, and to subsequently decide on the demolition of any structures found to be infringing on safety standards.
The petitioners, who are real estate firms/developers, claimed they had developed projects near the Ahmedabad Airport after obtaining the necessary permissions from the Ahmedabad Municipal Corporation. However, Ahmedabad International Airport Limited wrote to the District Collector, alleging that certain buildings had exceeded the permissible height of 102.7 meters, as specified in the No Objection Certificate (NOC) issued by the AAI.
The petitioners argued that any alleged violation arose not from unauthorized construction but from variations in the recorded ground elevation. They sought an aeronautical survey before any demolition orders were issued. Justice Hemant M Prachchhak, in his order, stated:
"Upon considering the rival submissions of the parties, I am of the opinion that the prayer made by the petitioners for conducting an aeronautical survey/study—so as to assess whether the existing structure adversely affects, or is likely to significantly affect, the safety and regularity of aircraft operations at the concerned airport—deserves consideration, even while keeping in mind the objections raised by the respondents. Considering another angle, the decision of the respondents with regard to denying the request made by the petitioners is completely irrational and arbitrary. In the case of identically or similarly situated persons in the nearby area, the authority has considered such cases, however, the request made by the petitioners was turned down only on the ground that first they shall remove the disputed construction, and only thereafter the request for an aeronautical study can be considered, which itself is irrational and arbitrary."
The court observed that a quasi-judicial executive functionary must determine the rights and obligations of parties in accordance with the principles of natural justice. The petitioners pointed to a similar case decided by the Delhi High Court (DBS Reality vs. Union of India 2018), which the Appellate Committee had not considered. The court found that the respondents' insistence that the petitioners must first remove the objectionable portion of the construction before any survey is conducted is unjustified and untenable.
The court directed the respondents to conduct the aeronautical survey at the petitioners' cost as soon as possible. Fresh orders will be passed to determine the permissible height of the petitioners' structures based on the survey findings. If any violations are found, the petitioners will be directed to remove the objectionable construction. The petitions were allowed.
