Aeronautical survey of high-rise buildings around Ahmedabad International Airport will be conducted. HC quashes notices issued to developers

The Gujarat High Court has directed the Airports Authority of India and other authorities to conduct an aeronautical survey of various buildings. The order has been issued in response to demands made by 6 developers. They were issued demolition notices for exceeding the prescribed height near the Sardar Vallabhbhai Patel International Airport and posing a risk to the movement of aircraft. Towers with maximum height of 102.7 meters constructed after obtaining NOC According to the petition, the construction was carried out by Mahil Infra, Abjibapa Infra, Prayus Infra, Balaji Developers, Kalash Infra and Parth Developers after obtaining permission in Hanspura, Naroda, Nana Chiloda and surrounding areas. Accordingly, these developers have constructed multi-storeyed towers with maximum height of 102.7 meters after obtaining NOC from all authorities. However, the authorities insisted that the construction beyond the prescribed limit was done illegally and hence it should be removed. The builders had challenged the demolition notice In these petitions, filed in 2024, the builders had challenged the demolition notice and sought an aeronautical study. They claim that their construction is as per the permission of the municipal development. The difference that is visible in height is due to the difference recorded in the elevation of the land and not due to any unauthorised or additional construction. They demanded an aeronautical study under the 2015 regulations of the Ministry of Civil Aviation. Builders violated original NOC: Airport Authority The Airport Authority opposed these petitions, saying that the builders had violated the original NOC. As per the rules, no revised clearance or aeronautical study can be considered unless the construction is brought in as per the original permission, i.e., the additional part is demolished. Cost of Aeronautical Survey to be borne by developers After hearing both sides, the high court said that the demand of the respondents i.e. the authorities that the petitioners should demolish the objectionable portion of the structure before the survey is unjustified and untenable in view of the facts of the case. Therefore, the High Court has directed the authorities to conduct an aeronautical survey and the cost will have to be borne by the developers. Court quashes notices issued to developers The court noted that insisting on demolition and denying survey is irrational and arbitrary, especially when similar projects nearby have been allowed for improved height. The court has cancelled the notices issued to the developers. But it has clarified that after the completion of the survey, if additional construction is found, the authorities can order its removal.