SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Guj) 942

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, A.J. SHASTRI, JJ.
Vishwas Sudhanshu Bhamburkar - Appellant
Versus
Union of India - Respondent
R/Writ Petition (PIL) No. 63 Of 2019 With R/Special Civil Application No. 7399 Of 2019 With Civil Application (For Joining Party) No. 1, 2 Of 2019 In R/Special Civil Application No. 7399 Of 2019 With R/Special Civil Application No. 7404 Of 2019 With Civil Application (For Joining Party) No. 1, 2 of 2019 In R/Special Civil Application No. 7404 Of 2019
Decided On : 20-12-2019

Advocates:
Advocate Appeared:
Mr. Kshitij Amin For Mr. Devang Vyas, Mr. Dhaval G Nanavati, Mr. Bhadrish S Raju

Headnote:

Public Interest Litigation – Petitioner of Writ PIL stated to be a social activist, has espoused the cause in public interest by filing Public Interest Litigation for seeking reliefs to issue a writ of mandamus or any other appropriate writ / order / direction to all the respondents and the instrumentalities falling under their jurisdiction so as to ensure the safety and security of the travellers, crew and those in/around the Surat Airport and ensure full safety and security of the users of the airports as well as the public using the structures that violate the heights prescribed in GSR 751 (E) in the interest of justice – Held, Court also call upon the respondent No.3 – Corporation to inquire into the delay which has taken place at their end before issuing impugned order and as to why despite having refused the Building Use Permission in month of May, 2017, how come these petitioners have been allowed to occupy premises and utilizing unauthorizedly without Building Use Permission – Court seek explanation from respondent No.3 in this regard as to why steps were appropriately not taken at relevant point of time which has created a situation like irreversible – Court direct the respondent – corporation to tender an explanation about this inaction and submit the report before this Hon’ble Court before the next date of hearing – Court expect concrete and prompt steps by respondent Nos.1 and 2 in this regard and to come up with uptodate instructions on the next date of hearing by filing appropriate affidavits along with the decisions that may be taken – Order Accordingly (Paras 24, 25)

ORDER :

VIKRAM NATH, J.

1. We have heard the petitioner in person in Writ Petition (PIL) No.63 of 2019, Shri Mihir Joshi, learned Senior Counsel assisted by Shri Kunan B. Naik, learned counsel appearing for the petitioners in Special Civil Application Nos.7399 of 2019 and 7404 of 2019, Shri Kshitij Amin, learned counsel representing Directorate General of Civil Aviation and Shri Bhadrish Raju, learned counsel representing Airports Authority of India.

2. Present set of proceedings led by Writ PIL raise an important issue, as such are taken up conjointly on the request of learned counsels. The issue raised is about construction and structures which surrounded the Surat Airport causing serious concerns for the safety of life and property.

3. Petitioner of Writ PIL stated to be a social activist, has espoused the cause in the public interest by filing Public Interest Litigation for seeking following reliefs :

“A. Your Lordships may be pleased to allow the present Writ Petition (PIL).

B. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ / order / direction to all the respondents and the instrumentalities falling under their jurisdiction so as to ensure the safety and security of the travellers, crew and those in/around the Surat Airport and ensure full safety and security of the users of the airports as well as the public using the structures that violate the heights prescribed in GSR 751 (E) in the interest of justice;

C. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ / order / direction to the respondents and the instrumentalities falling under their jurisdiction to forthwith and without any delay undertake the evacuation of persons using the structures in/around Surat Airports that have been identified as obstacles as per the provisions of Aircrafts Act,1984, and the details provided by respondent No.2 through RTI as well as GSR 751 (E) and the rules made therein under in the interest of justice;

D. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ / order / direction to the respondents and the instrumentalities falling under their jurisdiction to forthwith and without any delay undertake the demolition of those structures in/around Surat Airports that have been identified as obstacles as per the provisions of Aircrafts Act,1984, and the details provided by respondent No.2 through RTI as well as GSR 751 (E) and the rules made thereinunder in the interest of justice;

D.(i). That buildings that are proving to be an obstruction in the path of flight, especially in view of their illegal construction at a spot which is not as per the latitudinal and longitudinal coordinates. Therefore all the operation of flights to and from Surat Airport be halted immediately.

E. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ / order / direction to the respondents and the instrumentalities falling under their jurisdiction to forthwith and without any delay undertake the survey of structures in/around Surat Airports that violate the Inner Horizontal Surface limits and are obstacles as per the provisions of Aircrafts Act,1894, GSR 751 (E) and the rules made thereinunder;

F. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ / order / direction to the respondents and the instrumentalities falling under their jurisdiction to forthwith and without any delay widely disseminate information about the obstacles in/around Surat Airport so that passengers can take an informed decision about flying to/from Surat Airport in view of the dangers posed by the obstacles therein and to forthwith and without any delay disseminate the information about the obstacles not just in Surat and its surrounding areas but even in cities that have an airport from where flights to and from Surat operate, by way of interim relief in the interest of justice;

G. Your Lordships may be pleased to issue a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top