Court rules against arbitrary refusal by Airport Authority of India, ensuring justice for real estate developers
In a significant judgment passed by the Gujarat High Court, the court has mandated the Airport Authority of India (AAI) to conduct an aeronautical study to reassess permissible construction heights for multiple real estate projects in Ahmedabad. The decision came in response to petitions filed by Mahil Infra, a partnership firm, and other developers, challenging AAI's refusal to conduct the study without first demolishing alleged excess constructions.
The case revolved around constructions exceeding the height limits stipulated by the No Objection Certificates (NOCs) granted by AAI under the Ministry of Civil Aviation's Height Restrictions for Safeguarding of Aircraft Operations Rules, 2015. Despite allegations of violations due to changes in ground elevation data, the court found AAI's refusal to conduct the study without prior demolition arbitrary and discriminatory, particularly when adjacent projects had been granted revised height clearances.
Justice Hemant M. Prachchhak, presiding over the matter, highlighted the principles of natural justice, emphasizing the need for a fair assessment of whether the structures in question posed any real hazard to aircraft operations. The court underscored the irrationality in AAI's stance, as similarly situated projects had received upward revisions in permissible heights without such preconditions.
Citing the Delhi High Court's precedents in similar cases, the Gujarat High Court directed the AAI to carry out the aeronautical study at the petitioners' expense and reconsider permissible heights based on its findings. The court quashed notices requiring demolition before conducting the study, ensuring fresh consideration of height permissions post-study.
The judgment marks a pivotal moment for real estate developers in Gujarat, advocating for transparent and just procedures in aviation safety regulations, and reinforcing the judiciary's role in safeguarding constitutional rights against arbitrary executive actions.
Bottom line:-
Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 - Arbitrary refusal to conduct aeronautical study by the Airport Authority of India without considering the request of the petitioner violates principles of natural justice and Article 14 of the Constitution of India - Court directs the respondents to carry out aeronautical study at the cost of the petitioner and reconsider permissible heights based on its findings.
Statutory provision(s): Articles 14, 19, 21, 226, and 227 of the Constitution of India; Aircraft Act, 1934; Aircraft Demolition of Obstructions Caused by Buildings and Trees etc. Rules, 1994; Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015
