ANILKUMAR BABURAO SURAPANENI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This Petition filed under Article 226 of the Constitution of India impugns a No Objection Certificate (for short 'NOC') dated 12th January, 2016 issued by Respondent No.1 permitting the Respondent Nos. 7 and 9 to construct buildings on land bearing survey No.203/2A (Part), village Lohegaon, Pune (for short "the said land"). The Petitioners have also sought a direction against Respondent Nos. 7 and 8 to withdraw the Development Rights Certificates issued in favour of Respondent No.9 Developer in lieu of construction on the said land.

(2.) The Respondent No.9, owner of the said land on 29th March, 2007 submitted a proposal to Respondent No.7, the Slum Rehabilitation Authority (for short 'SRA') for development of a portion of the said land under the Development Control Regulations of Pune Municipal Corporation read with Draft Special Regulations of SRA for Pune and Pimpri Chinchwad Area. The SRA issued Letter of Intent on 30th March, 2007 for implementation of SRA scheme on the portion of the said land (14,450 Sq. mtrs.) on terms and conditions set out thereunder. On 30th May, 2007, in terms of the LOI, Conveyance in respect of the said portion of land on which the SRA scheme was proposed to be implemented was conveyed to SRA. A notification was issued by SRA under Section 3 C of the Slum Act. Pursuant thereto on 14th October, 2009, SRA issued Commencement Certificate in terms of the LOI upto 11 Floors for 8 buildings with Height of 34.95 Meters and 8 floors for 1 building with Height of 26.25 Meters. Since the said land was situated near the Air Force Station, Lohegaon, Pune, the Air Force Station intimated to SRA that NOC is required for construction of high rise buildings.

(3.) The Air Force Station, Lohegaon was included in Annexure C of the Notification dated 14th February, 2007 which Notification has been issued by Ministry of Defence in exercise of powers conferred by Sections 3 and 7 of the Works of Defence Act, 1903. The Central Government by the said Notification of 2007 had considered it necessary and expedient to impose restrictions upon the use and enjoyment of land in the vicinity of the Indian Air Force Stations and installations. It is provided in Clause (C) of the said Notification of 2007 that "no building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 100 meters from the crest of the outer parapet except that the limit of 100 meters will extend to 900 meters from and in line with the boundary of the bomb dump at Indian Air Force Stations and Installations as given in the Annexure 'C' to this Notification". By a subsequent Notification dated 14th January, 2010 issued under Section 9A of the Aircraft Act, 1934 by Ministry of Civil Aviation, it was notified that the Central Government being of the opinion that it was necessary for the safety of aircraft operations to direct that no building or structure shall be constructed or erected within the limits specified in Annexure I and II on any land within a radius of 20 kms from the Aerodrome Reference Point of Civil and Military Aerodrome, without obtaining NOC. Clause 2 of the said Notification provided that for the purpose of issuing NOC referred to in clause I for Defence aerodromes, Defence Authorities shall be responsible for issuing NOC in accordance with this Notification and subject to any other restriction or conditions which such Authorities deem fit for issuing the NOC.