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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 30.10.2025

Judgment pronounced on: 24.12.2025

+ LPA 1168/2024 & CM APPL. 69406/2024 (Stay)

AIRPORTS AUTHORITY OF INDIA ....Appellant

Through: Mr. Digvijay Rai, Standing

Counsel for AAI with Mr. Archit Mishra and Abhishek Singh, Advocates with Mr. Sachin Yadav DGM Law, Mr. Sushant Singhal JE Law Officer and Mr. K.K. Soni, Jt. GM

(ATM).

versus

SHRISTI INFRASTRUCTURE DEVELOPMENT

CORPORATION LTD & ORS.

.....Respondents

Through: Mr. Arvind Naiyar, Senior

Advocate with Mr. Vijay K. Singh, Mr. Kumar Shashwat Singh Sawno, Ms. Diksha Dadu, Mr. Shubham Pandey, Ms. Sanjukta Kashyap and Mr.

Ankur Mishra, Advocates.

Mr. Rakesh Kumar, SPC with

Mr. Sunil, Advocate for UOI.

+ LPA 63/2025

SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD .....Appellant

Through: Mr. Arvind Naiyar, Senior

Advocate with Mr. Vijay K. Singh, Mr. Kumar Shashwat Singh Sawno, Ms. Diksha Dadu, Mr. Shubham Pandey, Ms. Sanjukta Kashyap and Mr.

Ankur Mishra, Advocates.

versus AIRPORTS AUTHORITY OF INDIA & ORS. ....Respondents Through: Mr. Digvijay Rai, Standing Counsel with Mr. Archit Mishra and Abhishek Singh, Advocates with Mr. Sachin Yadav DGM Law, Mr. Sushant Singhal JE Law Officer and Mr. K.K. Soni, Jt. GM (ATM) for R-1.

Mr. Rakesh Kumar, SPC with Mr. Sunil, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

HARISH VAIDYANATHAN SHANKAR, J.

1. These Letters Patent Appeals, LPAs, filed under Clause 10 of the Letters Patent, arise from and challenge the Judgment dated 15.10.2024, Impugned Judgement passed by the learned Single Judge of this Court in Writ Petition (Civil) No. 11422/2019 titled ‘Shristi Infrastructure Development Corporation Ltd. vs. Airports Authority of India & Ors.’. 2. The said Writ Petition had been instituted by Shristi Infrastructure Development Corporation Ltd. for issuance of appropriate writ for quashing the Communication/Order vide reference no. CHQ File: AAI/20012/21/2011-ARI (NOC); Case No. ER/241/2010; NOCAS ID: KOLK/EAST/B/111912/017 dated

08.03.2019, Impugned communication dated 08.03.2019, whereby the Airport Authority of India rejected the request of the Petitioner for the Higher Top Elevation of Tower-II.

3. For the sake of brevity, clarity, and uniformity, the Appellant in LPA 1168/2024, Airports Authority of India, shall hereinafter be referred to as “AAI”, and the Appellant in LPA 63/2025, Shristi Infrastructure Development Corporation Ltd. & Ors., shall hereinafter be referred to as “Shristi Infrastructure/Petitioner”

4. LPA 1168/2024 has been preferred by AAI, challenging the Impugned Judgement, whereby the learned Single Judge set aside the communication dated 08.03.2019 passed by the AAI.

5. LPA 63/2025 has been filed by Shristi Infrastructure challenging the findings of the learned Single Judge in the Impugned Judgment, particularly those contained in paragraphs 8.2, 9 and 10, and seeking their setting aside.

BRIEF FACTS

6. Shorn of unnecessary details, the facts germane to the institution of the present LPAs are as follows:

I. Shristi Infrastructure undertook the development of a two-tower complex comprising Tower-I and Tower-II at Mouza Jatragachi, AA-II/CBD/2, Action Area-II, New Town, Rajarhat, District North 24 Parganas, West Bengal, located approximately 7.06 kilometres from the Netaji Subhas Chandra Bose International Airport, Kolkata. Owing to its proximity to the aerodrome, Shristi Infrastructure was required to obtain a No Objection Certificate, NOC under Section 9A of the Aircraft Act, 1934 and Rules made thereunder.

II. Pursuant to an application dated 13.02.2006, AAI issued the first NOC on 26.07.2006 under the then-applicable 1988 Notification, permitting construction of both Tower-I and Tower-II up to a height of 144.53 metres AMSL. That NOC was valid for three years, i.e., until 26.07.2009. The construction of Tower-II was not completed within the validity period, and on 27.08.2010, Shristi Infrastructure s