KGA INVESTMENTS Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner has filed the present petition impugning the Minutes of the Meeting (hereafter "the impugned decision") of the Appellate Committee for height clearance, of Ministry of Civil Aviation, Government of India (hereafter "the Appellate Committee") held on 31.07.2018. The said minutes are impugned to the extent that the Appellate Committee has rejected the petitioner's request for conducting an Aeronautical Study in respect of its building and further directed initiation of action as per the Aircraft (Demolition of Obstruction Caused by Buildings and Trees etc.) Rules, 1994. The petitioner contends that the said decision is arbitrary and unreasonable.

(2.) The Appellate Committee has taken the impugned decision to reject the petitioner's request for conducting the Aeronautical Study on the ground that the height of the subject building constructed by the petitioner had exceeded the permissible height for which No Objection Certificate (NOC) had been issued by respondent no.2 (Airport Authority of India hereafter "AAI"). The petitioner contends that the Appellate Committee has completely ignored the fact that the petitioner had constructed the building strictly as per the NOC issued by the AAI. The height of the structure had exceeded the permissible height only on account of the change in the elevation of the site, resulting from a change in the method adopted for measurement of the site elevation. The petitioner further contends that the decision of the Appellate Authority is also contrary to the recommendations of the Municipal Corporation of Greater Mumbai (hereafter "the Municipal Corporation") and the decision arrived at a joint meeting held between the AAI, the Municipal Corporation and the Airport Operator (Mumbai International Airport Ltd. hereafter "MIAL").

(3.) The petitioner is a partnership firm and is, inter alia, engaged in the business of developing real estate. The petitioner is the owner of the Plot bearing No.106/A (Old No.C.T.S. No.106, 106/1 to 5), Village Tungve, Jogeshwari Vikhroli Link Road, L Ward, Powai, Mumbai 400076 (hereafter "the Plot"). In 2005, the petitioner decided to construct a building on the said Plot. Accordingly, the petitioner sent a letter dated 18.05.2007 to the Municipal Corporation seeking a Site Elevation Certificate to certify the altitude/elevation of the Plot Above Mean Sea Level (hereafter "AMSL") and permissible height for the construction of the Building.