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2016 Supreme(Del) 1786

RAJIV SAHAI ENDLAW
SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Mr. Chetan Sharma, Sr. Adv. with Ms. Divya Chaturvedi & Ms. Saksham Chauhan, Advs.
For the Respondent: Mr. Vishu Agarwal, Adv. for Ms. Anjana Gosain, Adv. for R-1&3. Mr. Sandeep Sethi, Sr. Adv. with Mr. Digvijay Rai, Adv. for R-2.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The petition, (i) impugns the order dated 24th June, 2015 of the respondent No.3 Appellate Committee, Ministry of Civil Aviation (Appellate Committee) and the order dated 29th July, 2015 of the respondent No.2 Airports Authority of India (AAI); (ii) impugns the ‘No Objection Certificate’ (NOC) dated 3rd July, 2014 issued by the respondent No.2 AAI to the construction of the proposed building of the petitioner No.1 at Plot No.AA-II/CBD/2, AAI-II, New Town, Under Auction Area-II, Kolkata to the extent that it limits the height of Tower-2 of the petitioners’ complex upto the height of 105.48 meters Above Mean Seal Level (AMSL); and, (iii) seeks a mandamus to the respondent No.2 AAI to grant NOC in terms of earlier NOC dated 26th July, 2006.

2. Though the petition came up first before this Court on 12th August, 2015 and the counsels for the respondent No.1 Union of India (UOI) and respondent No.2 AAI appeared on advance notice but was adjourned from time to time without issuance of notice thereof. Adjournment was sought on behalf of the senior counsel for the petitioners on 11th September, 2015 when also the matter was listed. On the opposition by the































































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