Ahmedabad: In a significant ruling, the Gujarat High Court on Thursday directed the Airports Authority of India (AAI) and other concerned agencies to carry out an aeronautical survey of several buildings, acting on pleas filed by six real estate developers.

The developers had earlier received demolition notices over alleged construction beyond permissible height limits, which authorities claimed posed a threat to flight safety near Sardar Vallabhbhai Patel International Airport in the city.

Appearing for one of the petitioners, advocate Nimit Shukla said the developers namely Mahil Infra, Abjibapa Infra, Preyas Infra, Balaji Developers, Kalash Infra and Parth Developers had constructed multiple high-rise towers in areas such as Hanspura, Naroda and Nana Chiloda after obtaining necessary NOCs, with maximum heights reaching 102.7 metres.

Despite this, authorities maintained that the constructions exceeded approved limits and must be dismantled.

In petitions filed in 2024, the developers challenged the notices, arguing that their projects adhered to sanctioned plans. They contended that any variation in top elevation was due to discrepancies in recorded ground levels, not unauthorised additional construction. They also sought aeronautical assessments under the Ministry of Civil Aviation’s Height Restrictions for Safeguarding of Aircraft Operations Rules, 2015.

Opposing the pleas, the AAI argued that the developers had breached original NOC conditions. It stated that under Aerodrome Safeguarding Circulars, any reconsideration, including fresh studies, could only be undertaken after the structures were brought in line with initial approvals. The authority also rejected claims of changes in ground elevation, asserting that site elevation data had been provided by the petitioners themselves.

After hearing both sides, Justice H M Prachchhak observed that insisting on demolition before conducting an aeronautical survey was unjustified and untenable in the present circumstances.

The High Court subsequently directed authorities to conduct the survey, with costs to be borne by the developers. It ruled that refusing to consider such studies prior to demolition was arbitrary and irrational, particularly when comparable nearby projects had received revised height clearances. The court also noted a lack of proper application of mind by the authorities, terming it fatal to the decision-making process.

While quashing the demolition notices, the court clarified that authorities would be free to order removal of any excess construction after the aeronautical survey is completed. DeshGujarat