Gujarat high court orders aeronautical survey before demolition near SVPI airport

Ahmedabad: In an important order, the Gujarat high court on Thursday directed the Airports Authority of India (AAI) and other authorities to conduct an aeronautical survey of various buildings in response to demands made by six developers. These developers were issued demolition notices for removal of excess construction beyond the permissible height, posing a risk to flights near the Sardar Vallabhbhai Patel International Airport.Advocate Nimit Shukla, who represented one of the developers, said: "The developers — Mahil Infra, Abjibapa Infra, Preyas Infra, Balaji Developers, Kalash Infra and Parth Developers — have multiple towers constructed after obtaining NOC from all the authorities with a maximum height of 102.7m in Hanspura, Naroda, Nana Chiloda and nearby areas. However, the authorities insisted that the excessive construction was put up illegally and it should be removed."In these petitions filed in 2024, the builders challenged the demolition notices and demanded aeronautical studies to ascertain that their constructions are strictly according to municipal development permissions and that any excess in top elevation arose because of variations in recorded ground elevation, not because of unauthorised 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, contending that the builders had violated the original NOCs and that under Aerodrome Safeguarding Circulars, revised clearance or an aeronautical study could be considered only after the structures were first brought into conformity with the original permissions. The authority also disputed the claim that ground elevation had changed and said the site elevation figures had been supplied by the petitioners themselves. After the hearing, Justice H M Prachchhak said, "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 HC ordered the authorities to undertake an aeronautical survey and asked the developers to bear the cost. The HC 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 said 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 HC said that the authorities may order removal of excess construction after the survey is conducted.
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