A request for aeronautical study of a structure to determine if it would adversely affect the operation of aeroplanes has to be considered on a case-to-case basis and there is no rule or policy which says that aeronautical study cannot be undertaken unless the excess height of the structure as against the permissible limit is demolished, the Delhi High Court has held.
Justice Vibhu Bakhru said so while directing the appellate committee of the Ministry of Civil Aviation to reconsider the request of a Mumbai-based real estate company, KGA Investments, to conduct an aeronautical study in respect of its building at Jogeshwari Vikhroli Link Road, Powai, 4 km from the aerodrome.
The company had moved court after the Appellate Committee for Height Clearance, Ministry of Civil Aviation, on July 31, 2018, rejected its request for conducting an aeronautical study in respect of its building whose height exceeded the maximum permissible top elevation by 3.52 m and further directed initiation of action as per the Aircraft (Demolition of Obstruction Caused by Buildings and Trees etc.) Rules, 1994.
The appellate authority was of the view that the aeronautical study cannot be conducted without the structure in excess of the permissible height being demolished.
23/11/18 Akanksha Jain/Live Law
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Justice Vibhu Bakhru said so while directing the appellate committee of the Ministry of Civil Aviation to reconsider the request of a Mumbai-based real estate company, KGA Investments, to conduct an aeronautical study in respect of its building at Jogeshwari Vikhroli Link Road, Powai, 4 km from the aerodrome.
The company had moved court after the Appellate Committee for Height Clearance, Ministry of Civil Aviation, on July 31, 2018, rejected its request for conducting an aeronautical study in respect of its building whose height exceeded the maximum permissible top elevation by 3.52 m and further directed initiation of action as per the Aircraft (Demolition of Obstruction Caused by Buildings and Trees etc.) Rules, 1994.
The appellate authority was of the view that the aeronautical study cannot be conducted without the structure in excess of the permissible height being demolished.
23/11/18 Akanksha Jain/Live Law
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