M/S RAJASTHAN PATRIKA PRIVATE LIMITED vs UNION OF INDIA & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 24.02.2025 + W.P.(C) 896/2025 and CM APPL.4400/2025 (Stay) M/S RAJASTHAN PATRIKA PRIVATE LIMITED .....Petitioner Through: Mr. Ashok Gaur, Sr. Advocate along with Mr. Ajay Choudhary, Mr. Manish Kr. Sharma and Ms. Sakshi Singh, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Mahamaya Chatterjee, Government Pleader for Union of India alongwith Mr. Akash Dubey, Advocate. Mr. Digvijay Rai, Advocate and Mr. Archit Mishra, Advocate for R-2/AAI. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition has been filed by the petitioner, inter-alia, seeking the following prayer/s:- “a) Quash and set-aside the order dated 16.10.2023 issued by Respondent No.3 Designated Authority refusing to issue no objection certificate under rule 5 of the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 and also the order dated 11.10.2024 issued by Respondent No.4 i.e. Appellate Committee rejecting the appeal filed by the petitioner against the order dated 16.10.2023 issued by Respondent No.3 Designated Authority; and b) Declare the Petitioner entitled to issuance of a No Objection Certificate for raising building to the height of 461 mts Above Mean Sea Level (AMSL) as per the revised maximum elevation of 465.48 mts AMSL determined in the aeronautical study relating to a building of M/s Gurnani Inn Pvt Ltd. situated nearby and in the same Industrial area the duly approved in the order dated 27.06.2024 passed by Appellate Signature Not Verified Digitally Signed By:ABHISHEK THAKUR W.P.(C) 896/2025 Page 1 of 25 Signing Date:27.02.2025 06:30:27 Committee for height clearance in file no. ATM-1609/126/2022-ATMDoAS as maximum elevation availabl