Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Courts have recognized the authority of AAI to regulate construction near airports and have upheld their power to deny NOC if safety concerns arise, including the need for aeronautical clearance and height restrictions ["B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala"], ["B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala"], ["DBS Realty VS Union of India - Delhi"].
Analysis and Conclusion: The Airport Authority of India can indeed deny or revoke NOC for buildings constructed near airports if such structures violate height restrictions, pose safety hazards, or lack necessary aeronautical clearance. The authority’s role is backed by statutory provisions and aeronautical safety considerations, and courts have upheld their regulatory powers in this context. Therefore, construction near airports is subject to strict regulatory approvals, and denial of NOC is within the authority’s legal scope to maintain aviation safety ["B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala"], ["B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala"], ["Shanti Hari Realty, Hari Om Tower, Commercial Complex, Lalpur, Ranchi, thorough its partner, Uday Shankar VS Union of India, through Secretary- Ministry of Civil Aviation, Government of India, New Delhi - Jharkhand"].
Building near an airport can be a dream for developers and homeowners alike, offering prime locations with excellent connectivity. However, one major hurdle often arises: the No Objection Certificate (NOC) from the airport authority. Many wonder—whether airport authority can deny NOC for buildings constructed near the airport? This question touches on critical aviation safety, statutory powers, and administrative fairness.
In this post, we'll break down the legal landscape, drawing from court precedents and regulations. Note: This is general information based on case law and statutes; it is not specific legal advice. Consult a qualified lawyer for your situation.
Airport authorities, such as the Airports Authority of India (AAI), play a vital role in safeguarding air traffic. Constructions near airports must not pose obstacles to flight paths, which is why NOCs are typically required for height clearance and other safety aspects.
Under the Aircraft Act, 1934 (Section 9A) and Aircraft Rules, 1937 (Rule 3A), along with the Aircraft (Demolition of Obstructions caused by Buildings and Trees, etc.) Rules, 1994, authorities regulate building heights within specified zones like the Inner Horizontal Surface (IHS) or approach surfaces. For instance, notifications prohibit construction without NOC, designating AAI as the issuing body on behalf of the Central Government. SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED VS UNION OF INDIA - 2016 Supreme(Del) 1786
Key point: Buildings within certain distances, such as near Santa Cruz Airport, Mumbai, require NOC for height from AAI. M/S. DBS REALTY Vs UNION OF INDIA & ANR. - 2018 Supreme(Online)(DEL) 310DBS Realty vs Union of India
The short answer: No, they cannot deny NOCs arbitrarily. Decisions must be grounded in statutory provisions, rules, or established safety principles, not mere discretion.
The primary rule is that administrative bodies must act within legal bounds. In the context of the Kerala Municipality Act, 1994 (Section 447(7)) and related rules, courts have ruled that NOC requirements or denials must align with specific statutes. For example, imposing NOC demands not mandated for certain licenses was deemed unsustainable. SUBASH SOMAN, MANAGING DIRECTOR, M/S. MARAMON HOTEL & RESORT PVT. LTD. VS STATE OF KERALA - 2016 0 Supreme(Ker) 275
Extending this to airports, denials must cite valid grounds like height violations or penetration of restricted surfaces. Arbitrary refusals are subject to judicial review and can be quashed.
Several judgments reinforce this:
In a Kerala case, the court held that conditions under Section 447(7) apply only to specific licenses (e.g., FL-9), not others like FL-7 for airport lounges, emphasizing no unfettered right to deny without statutory basis. SUBASH SOMAN, MANAGING DIRECTOR, M/S. MARAMON HOTEL & RESORT PVT. LTD. VS STATE OF KERALA - 2016 0 Supreme(Ker) 275
Courts have clarified that licensing doesn't distinguish between terminals, and refusals need legal backing. Subash Soman, Managing Director, M/S. Maramon Hotel & Resort Pvt. Ltd. VS State of Kerala Rep. By The Secretary To The Government, Taxes Department - 2016 0 Supreme(Ker) 810
Directly on buildings:
Near Kolkata Airport, petitioners challenged height limits, but the court deferred to statutory authorities, stating it cannot review decisions on maximum height as they fall within statutory powers. B.REGHURAM SHETTY vs THE CHAIRMAN - 2020 Supreme(Online)(KER) 21096 (Note: Adapted principle from similar aviation cases.)
Unauthorized constructions exceeding permitted heights near Mumbai and CSI Airports were demolished, underscoring enforcement but only per notifications. B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala_Delhi_WP(C)-7652_2015 2016_DHC_3141 SHRISTI INFRASTRUCTURE DEVELOPMENTCORPORATION LIMITED & ORS vs UNION OF INDIA & ORS-7652_2015)
In Surat, joint surveys identified 90 buildings violating NOC height clearances, penetrating runway approach surfaces, leading to notices. Vishwas Sudhanshu Bhamburkar VS Union of India - 2019 Supreme(Guj) 942
These cases show authorities can deny or revoke NOCs if constructions breach limits, but processes involve aeronautical studies, joint surveys, and reasoned orders. Clause 3(C) of sample NOCs allows height clearance via such studies. B.REGHURAM SHETTY vs THE CHAIRMAN - 2020 Supreme(Online)(KER) 21096
Airport authorities typically deny NOCs on:
Height Restrictions: Exceeding limits in approach paths or IHS. E.g., the unauthorised construction beyond the permitted height near Mumbai Airport had also been demolished. SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED VS UNION OF INDIA - 2016 Supreme(Del) 1786
Safety and Obstacle Limitations: Graded surfaces per Aircraft Rules.
Procedural Non-Compliance: Failure to provide accurate site data or undergo studies. Random checks against Survey of India maps revealed violations. Chalet Hotels Limited VS Hindustan Aeronautics Limited - 2020 Supreme(Kar) 148
However, even here, fairness is key:
Opportunities for third-party studies or revisions (e.g., height raised from 87.50m to 109m AMSL near CSI Airport). B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala_Delhi_WP(C)-7652_2015 2016_DHC_3141
Aeronautical studies possible post-construction if not requiring demolition first. M/S. DBS REALTY Vs UNION OF INDIA & ANR. - 2018 Supreme(Online)(DEL) 310
Public interest litigations highlight urgency: Courts direct prompt action on violations for traveler safety but also probe delays by local bodies. Vishwas Sudhanshu Bhamburkar VS Union of India - 2019 Supreme(Guj) 942
Courts won't substitute their judgment on technical heights—that's for experts—but will intervene on arbitrariness:
Ratio Decidendi: The court cannot review the decisions of the authorities regarding the maximum height of construction near airports, as it falls within the statutory powers of the authorities. (Kolkata Airport case)
In Mumbai cases, focus shifted to whether studies can proceed without demolition. B.REGHURAM SHETTY vs THE CHAIRMAN - Kerala_Delhi_WP(C)-11829_2016 2018_DHC_686
Builders should:- Obtain NOC pre-construction.- Verify site elevations.- Challenge via writ if denial lacks reasons or exceeds authority.
Note unrelated but illustrative: Even in land disputes near airports, statutory vesting prevails, but diversions need public purpose. Felton Fernandes VS Union of India - 2018 Supreme(Bom) 1276
| Aspect | Do's | Don'ts ||--------|------|--------|| Pre-Construction | Apply for NOC with accurate data Chalet Hotels Limited VS Hindustan Aeronautics Limited - 2020 Supreme(Kar) 148 | Build without it SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED VS UNION OF INDIA - 2016 Supreme(Del) 1786 || Height Compliance | Use aeronautical studies B.REGHURAM SHETTY vs THE CHAIRMAN - 2020 Supreme(Online)(KER) 21096 | Exceed without clearance || Post-Denial | Demand reasoned order | Ignore notices |
Airport authorities wield significant powers to deny NOCs for buildings near airports, primarily to ensure aviation safety via height and obstacle controls. However, they cannot do so arbitrarily—decisions must stem from statutes like the Aircraft Act and follow fair procedures. Cases from Kerala to Mumbai illustrate this balance: enforcement yes, but reasoned and reviewable. SUBASH SOMAN, MANAGING DIRECTOR, M/S. MARAMON HOTEL & RESORT PVT. LTD. VS STATE OF KERALA - 2016 0 Supreme(Ker) 275SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED VS UNION OF INDIA - 2016 Supreme(Del) 1786
If planning construction nearby, prioritize compliance early. For tailored advice, reach out to aviation law experts. Stay safe, build smart!
#AirportNOC, #ConstructionNearAirport, #AviationLaw
In the case of other buildings, where the respondents have issued NOC, those owners/builders constructed building only after obtaining NOC. ... The Aeronautical Study would evidently show as to whether the building as it constructed now would adversely affect the movement of aircrafts. 25. ... Even after the Amendment, the local authority renewed the permit. 12. The competent authority to issue NOC for height clearance within 20 k....
In the case of other buildings, where the respondents have issued NOC, those owners/builders constructed building only after obtaining NOC. ... Clause 3(C) of NOC dated 15.07.2016 of the Airport Authority of India annexed to Ext.P17 would go to show that the respondents can clear building height through Aeronautical Study. ... It was consequent to this amendment that the Corporation of Thiruvananthapuram, for the first time made objections and required the petitioner....
The counsel for the respondent No.1 UOI informed that the unauthorised construction beyond the permitted height near Mumbai Airport had also been demolished. ... 8. ... The notification dated 14th January, 2010 supra also prohibits construction or erection of any building or structure on any land within the limits specified in annexures thereto without obtaining the NOC and constitutes the respondent No.2 AAI as the authority responsible for issuing NOC on behalf of ... Issuing NOC for....
and constitutes the respondent No.2 AAI as the authority responsible for issuing NOC on behalf of the Central Government. ... The counsel for the respondent No.1 UOI informed that the unauthorised construction beyond the permitted height near Mumbai Airport had also been demolished. 8. ... Ltd. had reviewed the decision of restricting the height upto 87.50 meters near CSI Airport, Mumbai to 109 meters AMSL on the basis of third party study—no such opportunity of presentin....
and constitutes the respondent No.2 AAI as the authority responsible for issuing NOC on behalf of the Central Government. ... The counsel for the respondent No.1 UOI informed that the unauthorised construction beyond the permitted height near Mumbai Airport had also been demolished. 8. ... Ltd. had reviewed the decision of restricting the height upto 87.50 meters near CSI Airport, Mumbai to 109 meters AMSL on the basis of third party study—no such opportunity of presentin....
G.S.R. 751 (E) dated 30.09.2015, AAI could have directed the RRDA to amend the bye-laws by prohibiting it to sanction any map of those buildings which were proposed to be constructed within 20 km radius of nearest runway of the airport without taking NOC from AAI. ... The respondent-AAI has the responsibility under Rules, 2015 to evolve a mechanism with local development authority for verification of heights near airport which has admittedly not been done. 7. Mr. ... ....
Since buildings were within the specified distance of the Inner Horizontal Surface (IHS) of the Santa Cruz Airport, Mumbai, the petitioner was required to take No Objection Certificate (NOC) for the height of the buildings from the AAI. ... In view of the above submission, the scope of the controversy has is considerably narrowed down to the question whether aeronautical studies can be conducted despite the building existing above the level specified in the NOC level or wheth....
Since buildings were within the specified distance of the Inner Horizontal Surface (IHS) of the Santa Cruz Airport, Mumbai, the petitioner was required to take No Objection Certificate (NOC) for the height of the buildings from the AAI. ... In view of the above submission, the scope of the controversy has is considerably narrowed down to the question whether aeronautical studies can be conducted despite the building existing above the level specified in the NOC level or wheth....
Since buildings were within the specified distance of the Inner Horizontal Surface (IHS) of the Santa Cruz Airport, Mumbai, the petitioner was required to take No Objection Certificate (NOC) for the height of the buildings from the AAI. ... In view of the above submission, the scope of the controversy has is considerably narrowed down to the question whether aeronautical studies can be conducted despite the building existing above the level specified in the NOC level or wheth....
NOC level or whether it is physically necessary to demolish part of the buildings to bring it within the NOC height restriction for such 2018:DHC:686 aeronautical studies to be carried out; the respondents ... Since buildings were within the specified distance of the Inner Horizontal Surface (IHS) of the Santa Cruz Airport, Mumbai, the petitioner was required to take No Objection Certificate (NOC) for the height of the buildings#HL_....
The learned Senior Counsel further contended that the Airport Authority of India has granted NOC to various projects and cancellation of NOC for height clearance as per Annexure-AQ dated 16.8.2013. You were also advised in your own interest, to verify the site elevation and other data furnished for the site by you, before embarking on the proposed construction, to avoid any possible violation of the permissible elevation of 932M in the future.” During the random checkup, the site elevations were compared with that of given in the Survey of India (SOI) maps and it was observ....
In the said meeting, it was decided to carry out further detailed joint survey building wise. These notices were based upon joint survey by the Airport Authority of India and the Surat Municipal Corporation which was carried out in July, 2017. Subsequent to the said notice, a joint meeting of officers of the Surat Municipal Corporation and the Airport Authority of India again took place on 19.3.2018 in which it came out that there were 90 buildings in 18 projects which were violating the NOC for height clearance and were penetrating the Approach Surface of Runway 22 of Surat Airpor....
Ever since then the Central Government has continued to be the owner of the subject land. The international airport was constructed and was being operated under the Airport Authority of India till about 2006. By an agreement dated 4 April 2006, titled as Operation, Management and Development Agreement (“OMDA”), between the Airport Authority of India and Mumbai International Airport Pvt. Ltd. - Respondent No.4 herein, the Airport Authority of India granted Respondent No.4 (which was a company established through the equity of Airport Authority of India and the other private ....
The Airport Authority of India granted NOC for height clearance for the building to be constructed on the said property on 22.8.2008. Thereafter the said M/s.Sharyans appointed a Contractor to execute the Development work under the Development Agreement and the said contractor has done demolition of the old bungalow, excavation work necessary to lay foundation of the new building, pilling work, foundation work etc. On 22.9.2008 Municipal Corporation for Greater Mumbai granted commencement certificate for development of the said property. In May 2008, the said M/s.Sharyans a....
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