THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

COMMON ORDER

Heard learned counsel Mr. V.T. Kalyan, representing the Deputy Solicitor General Mr. Gadi Praveen Kumar, Mr. Vivek Jain appearing for the petitioner in W.P. No.12393 of 2025 and the respondent No.4 in W.P. No.12352 of 2023 and Mr. Sidharth Goud, representing Mr. V.Narsimha Goud learned Standing Counsel for the HMDA and perused the material made available on the record.

2. Since the issues fell for consideration are common in both the writ petitions, they are being disposed of by this common order with the consent of both the learned counsel.

3. W.P. No.12352 of 2023 is filed by the Union of India, Ministry of Defence, represented by its Commandant, Air Force Academy, Dundigal, Medchal-Malkajgiri District, seeking to declare the action of the respondents No.1, 2 and 3, HMDA, Director (Planning Division), HMDA, and Airports Authority of India (Ministry of Civil Aviation), respectively, in not initiating appropriate steps against the respondent No.4, M/s. Urbanrise Builders LLP, as illegal and contrary to the provisions of GSR 751(E) and contrary to the Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc) Rules 1994, and consequently to direct the respondent No.1 to demolish unauthorized construction carried out by the respondent No.4 in Sy.No.594/AAA, 555/AAA, 597/AAA of Dundigal ORR GC village, Dundigal Municipality, Medchal-Malkajgiri District, forthwith in the interest of National Security.

4. W.P. No.12393 of 2025 is filed by the petitioner, M/s. Urbanrise Builders LLP, seeking to declare the proceeding dated 10.06.2024 issued by the respondent No.2, Air Force Academy, refusing NOC (No Objection Certificate) as arbitrary and consequently to direct the respondents not to interfere with the construction activity in land admeasuring Ac.05.03 gts., in Sy.No.594/P, 595/P & 597/P situated at Dundigal village, Gandimaisamma-Dundigal Mandal, Medchal-Malkajgiri, for want of NOC and also issue NOC to the petitioner in respect of the subject property.

5. Brief facts in W.P. No.12352 of 2023 are that the petitioner Academy is a Premier Training Center of the Indian Air Force and it is cradle to train Pilots, Ground Duty Officers and Technical Officers of Indian Air Force. According to the guidelines framed in GSR 751(E), Clause 5, 6 and 7 specifies the mandatory provisions for obtaining NOC, from aerodromes under whose jurisdiction the project site falls for the purpose of undertaking construction within the area of 20 KM from both civil/defence aerodromes. Whereas, in respect of Clause 7 para 2, Colour Coded Zoning Maps issued to Local, Municipal or Town Planning and Development Authorities shall be in accordance with the height specifications provided in such Colour Coded Zoning maps, approve the construction of the structures, as per the existing building regulations, bye laws or any other law for the time being in force. It is specifically stated that subject project site lies in the red zone of the colour coded zoning maps (issued to local municipal authority) which mandates that NOC is required to be obtained from Air Force Academy, Dundigal. It is further submitted that the subject construction falls within 4 KM from the reference datum of Dundigal airfield which is within Inner Horizontal Surface (HIS). As per the guidelines issued in GSR 751 (E), the elevation permitted at the construction site is to be restricted to 658 Mtrs., and that the Dundigal Aerodrome is in Sl.No.27 of Schedule V of GSR 751(E), which falls under Defence Aerodrome.

6. In the year 2019, respondent No.4 submitted an application for construction of residential apartments building consisting of Amenity Block-(1 Ground+4 Upper Floors), Tower 1 (2 Cellar +1 Stilt + 20 Upper Floors), Tower 2 (1 Stilt + 20 Upper Floors) in open land in survey Nos.594 A AA, 595P A AA, 597P A AA, 597 A AA of Dundigal ORRGC village, Dundigal Municipality-ORRGC, Medchal-Malkajgiri District for an extent of 15,