JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. All these petitions involve a common and identical issue, and arise out of similar facts and circumstances; therefore, they are being disposed of by this common judgment,

2. Rule returnable forthwith. Mr. Dhanesh Patel, learned counsel waives service of notice of rule for and on behalf of respondent No.1, Mr. Anuj K. Trivedi, learned counsel waives service of notice of rule for and on behalf of respondent No.3 and Mr. Deep D. Vyas, learned counsel waives service of notice of rule for and on behalf respondent No.4.

3. With the consent of the learned counsels appearing for both the sides, the petitions are taken up for final hearing and final disposal today.

4. The petitioners have preferred present petitions under Articles 14, 19 (1)(g), 21, 226 and 227 of the Constitution of India r/w the provision Aircraft 1934 r/w the provision of Aircraft Demolition of Obstructions Caused by Buildings and Trees etc. Rules, 1994 and under the provision of Ministry of Civil Aviation (Hight Restrictions for Safeguarding of Aircraft Operations) Rules 2015, seeking below mentioned relief/s.

5. In Special Civil Application No.3549 of 2024 the petitioner has prayed for below mentioned relief/s:-

“6. (a) To issue a writ of mandamus or a writ, order or direction in the nature of writ of mandamus commanding the Airport Authority of India to get an aeronautical study carried out by International Civil Aviation Organization at the expense of the petitioner, as prescribed in the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, and thereafter take decision on demolition of construction as may be found infringing the safety standards for aircraft operations in accordance with law;

(b) To issue a writ of mandamus or a writ, order or direction in the nature of writ of mandamus commanding the Airport Authority of India to accept and consider appeal of the petitioner for revision of height clearance offline without insisting on removal of construction of 4.88 meters which is identified today as being over the permissible top elevation prescribed in No Objection Certificate dated 2.12.2020. Annexure-P1.

(c) To pass an ex parte ad interim order restraining the Municipal Corporation or any other authority from removing or insisting upon removing the construction made on Final Plot No. 51 in Town Planning Scheme No. 75 (Muthiya - Hanspura) situated at Village Hanspura, Taluka Asarva, Ahmedabad pending the hearing and disposal of the present petition; Annexure-P1.

(d) To pass any other order or orders in favour of the petitioners as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”

5.1 In Special Civil Application No.11308 of 2024 the petitioner has prayed for below mentioned relief/s:-

“6 (a) To issue a writ of mandamus or a writ, order or direction in the nature of writ of mandamus commanding the Airport Authority of India to get an aeronautical study carried out by International Civil Aviation Organization at the expense of the petitioner, as prescribed in the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, and thereafter take decision on demolition of construction as may be found infringing the safety standards for aircraft operations in accordance with law;

(b) To pass an order quashing and setting aside quashing and setting aside the impugned orders of rejection of No Objection Certificates dated 26.08.2022 & 21.6.2023 passed by the Respondent No.1 annexed to the Petition as Annexure - D herein and declare the same to be illegal and bad in law and thereby violative of Articles 14 & 21 of the Constitution of India, 1950;

(c) To pass an ex parte ad interim order restraining the Municipal Corporation or any other authority from removing or insisting upon removing the construction made on land bearing Final Plot no. 446 in Town Planning Scheme No. 39 (Naroda - 1) having sub plot no.2, block/buildin