ORDER :

The present case is taken up through video conferencing.

2. The present writ petition has been preferred for quashing letter no. 1293 dated 25.09.2020 issued by the Secretary, Ranchi Regional Development Authority (RRDA), Ranchi (respondent no.5) whereby the petitioner no.1 has been directed to demolish 20 ft. height of Hariom Nand Tower situated near H.P. Petrol Pump, Kathal More, Ranchi (hereinafter to be referred as “the said building”) within 10 days and to inform the aforesaid authority about the same.

3. During pendency of the present writ petition, the petitioner no.1 has been served with a notice issued vide letter no. 94 dated 25.09.2020 by the Law Officer, RRDA, Ranchi in U.C. Case No. 137 of 2020 alleging therein that it has violated the provisions of Section 37 and 38 of the Jharkhand Regional Development Authority Act, 2001 (in short, “the Act, 2001”) with a direction to appear in the court of Vice Chairman, RRDA, Ranchi on 08.10.2020 to place its case. The said notice has also been challenged by the petitioner no. 1 by filing Interlocutory Application No. 5312 of 2020.

4. By filing another interlocutory application being I.A No. 5941 of 2020, the petitioners have also sought to amend the writ petition by adding prayer to quash the letter as contained in memo no.3089-93 dated 28.09.2020 issued by the Manager, Air Traffic Management (ATM), Airports Authority of India (AAI) addressed to the respondent no. 5, a copy of which has been forwarded to the petitioner no.1 by the aforesaid respondent vide memo no.1381 dated 13.10.2020 directing him to obtain ‘No Objection Certificate’ (NOC) for the said building from the AAI by applying through the website of AAI and thereafter to produce the said NOC in the office of AAI with a further direction to stop all the construction works till issuance of NOC.

5. The factual background of the case as stated in the writ petition is that the petitioner no. 1 entered into an agreement with the land owner for development and construction of residential-cum-commercial units over plot no. 1125 (part) and 1126 (part) situated in Mouza - Gutwa, P.S No. 138, Kathal More, Ranchi and accordingly the building plan was submitted before the respondent no. 5 for its sanction for which B.C Case No. 65 of 2016 was registered. Having taken into consideration that the height of the building was proposed as 29.80 meters, a recommendation for sanctioning the building plan was made on 28.09.2016 by the Assistant Engineer, RRDA, Ranchi mentioning therein that no NOC was required to be taken from the Airports Authority of India. Pursuant to the said recommendation, the building plan of the petitioner was sanctioned on 21.03.2017. Thereafter, the petitioner no.1 constructed the said building strictly adhering to the sanctioned plan and sold several units of the same to different purchasers. One of the units of the top floor i.e. unit no. 811 situated at 8th floor was booked by the petitioner no.2 and he paid 75% of the consideration amount. Suddenly, the petitioner no. 1 received letter no. 1293 dated 25.09.2020 issued by the respondent no. 5 in pursuance of letter of the respondent no. 3 dated 21.09.2020 by which the petitioner no. 1 was directed to demolish the construction to the extent of 20 ft. height of the said building within 10 days and to inform the same to the concerned authority.

6. Mr. A.K. Sinha, learned Senior Counsel for the petitioners, submits that on receipt of letter of the respondent no. 3 dated 21.09.2020 by the respondent no.5, an inspection was carried out by a constituted committee of RRDA which submitted report dated 23.09.2020 stating therein that the height of the building was sanctioned for 28.80 meters taking into consideration the provisions of the Jharkhand Building Bye-Laws, 2016 (in short “ the Bye-Laws, 2016”) and the actual height of the building was found to be 27.65 meters. It is further submitted that in the vicinity of the said building, several other buildings are