LAWS(BOM)-2018-8-76

SIDDHESHWAR SAHAKARI SAKHAR KARKHANA LTD Vs. COLLECTOR AND DISTRICT MAGISTRATE, DISTRICT SOLAPUR & OTHERS

Decided On August 06, 2018
SIDDHESHWAR SAHAKARI SAKHAR KARKHANA LTD , THROUGH ITS MANAGING DIRECTOR SANTOSH JAYKUMAR KUMBHAR; SHREE SIDDHESHWAR SAHAKARI SAKHAR KARKHANA LTD; SIDDHESHWAR RASTRIYA SAKHAR KAMGAR UNION Appellant
V/S
COLLECTOR AND DISTRICT MAGISTRATE, DISTRICT SOLAPUR And OTHERS; UNION OF INDIA And OTHERS; STATE OF MAHARASHTRA And OTHERS Respondents

JUDGEMENT

(1.) These petitions under Article 226 of the Constitution of India have been filed by the petitioners Siddheshwar Sahakari Sakhar Karkhana Limited through its Managing Director and Siddheshwar Rastriya Sakhar Kamgar Union to challenge the communication dated 17-5-2017, issued by the respondent/Airports Authority of India.

(2.) That communication informs the petitioner/sugar factory that the Airport at Solapur has to be made functional. If that Airport at Solapur has to be made functional, then, facilities have to be provided for the safe landing and takeoff of aircrafts from the Runway of this Airport.

(3.) It is common ground that the petitioner in the first two petitions is a sugar factory and in that sugar factory the authorities found a Chimney of 90 metres height. That comes directly in the way of approach to the Runway and, therefore, for smooth and proper, so also safe landing of the aircrafts and with a view to make the Airport functional, it is necessary to remove the same from the site or reduce the height of the same to the permissible limits.