IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942 WP(C).No.1104 OF 2019(K)

PETITIONER:

B.REGHURAM SHETTY,S/O.LATE SHAMBU SHETTY, CHAIRMAN CUM MANAGING DIRECTOR, M/S.GODS' OWN COUNTRY HEALTH RESORTS INTERNATIONAL (PVT.) LTD., SREESYLAM, DBRA-63-C, KOWDIAR P.O., TRIVANDRUM, REPRESENTED BY HIS POWER OF ATTORNEY S.L. UNNIKRISHNAN,S/O.LATE B.S.SIVARAJAN, SAUPARNIKA,RC JUNCTION,KUNNUKUZHY,TRIVANDRUM.

BY ADVS.

SRI.S.SREEKUMAR (SR.)

SRI.P.MARTIN JOSE SRI.THOMAS P.KURUVILLA RESPONDENTS:

1 THE CHAIRMAN,APPELLATE COMMITTEE, AIRPORTS AUTHORITY OF INDIA, RAJEEV GANDHI BHAVAN,SAFDARJUNG AIRPORT, NEW DELHI – 110 003.

2 THE AIR PORTS AUTHORITY OF INDIA, REGIONAL HEAD QUARTERS,SOUTHERN REGION, OPERATIONAL OFFICERS COMPLEX, CHENNAI – 600 027.

3 UNION OF INDIA,REPRESENTED BY ITS SECRETARY, CIVIL AVIATION, NEW DELHI. ADV.P.VIJAYA KUMAR (SC GC)

R2 BY ADV. SRI.LAKSHMEESH.S.KAMATH R2 BY ADV. SRI.V.SANTHARAM R3 BY SRI.TULASI PANICKER, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-

2020, THE COURT ON 22-09-2020 DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 22^nd day of September, 2020 The petitioner who is Chairman and Managing Director of a company seeks to quash Exts.P17 and P19 and to compel the first respondent to conduct Aeronautical Study as directed in Ext.P12 judgment.

2. The petitioner states that his company owns

36.70 Ares of land in Attipra Village, Thiruvananthapuram Taluk. The petitioner proposed to construct a Hotel Project having a plinth area of 10706.67 m² and submitted an application for building permit in 2006. Since the site was located within the vicinity of Thiruvananthapuram International Airport, height restrictions as provided in Table 3 of Rule 32 (2) of the Kerala Municipality Building Rules, 1999 (KMBR) was applicable. As per the said Table, the height restriction is 61 meters Above Mean Sea Level (AMSL). The site had an elevation of 7.307 meters and hence the petitioner can construct upto a height of 53.693 meters Above Ground Level (AGL). The height of the proposed building as per the plan was 39.5 meters AGL. Therefore NOC from the third respondent was not required. As per Ext.P2, the Corporation of Thiruvananthapuram issued building permit on 20.7.2006.

3. Before commencement of the construction, the company decided to increase the plinth area to 12871.16m², with a view to satisfy the stipulation of Department of Tourism, for five star classification. Even as per the revised proposal, the total height was 52.83 m which was less than the maximum permissible height of 61m AMSL. The revised plan was approved by the 1^st respondent-Chairman, Appellate Committee, Airport Authority of India as per proceedings No.ZAE/ZA2/2/990/08 dated 27.1.2008. The piling work started in 2009. Validity of Ext. P2 permit expired on 19.7.2009. The Corporation of Trivandrum renewed Ext.P2 building permit on 27.01.2010 as per Ext.

P3, which was valid up to 28.1.2013.

4. During the construction, the height of each floor had to be increased to 20 to 30 cm and consequently the height of the building was increased to 55.70 m AMSL. Still the said height was within the permissible limit of 61 m. The construction proceeded strictly in accordance with the KMBR. Ext. P3 building permit expired on 28.1.2013. The Corporation of Thiruvananthapuram renewed the permit up to 27.01.2016, as per Ext. P4.

5. In the meanwhile the KMBR was amended on

05.02.2013 by deleting the proviso to Rule 32 (2) and the amendment provided that for buildings in the vicinity of airports, the height shall be further limited subject to any notifications issued by the Government of India under the Aircraft Act, 1934. While the work was in progress, the Corporation of Trivandrum required the petitioner to produce NOC from the second respondent – Airport Authority of India.

6. The petitioner made an application. The second respondent issued Ext.P7 NOC dated 11.3.2015. In the NOC the perm