New Delhi, 21 October 2024: S&A Law Offices acted for Shrishti Infrastructure Development Corporation Ltd ("SIDCL") wherein SIDCL had challenged the order passed by the Airport Authority of India (AAI) rejecting the grant of permissible height for SIDCL's building structure under Section 9A of the Aircraft Act, 1934 read with Ministry of Civil Aviation (Height Restriction for Safeguarding of Aircraft Operations) Rules, 2015.
SIDCL argued that the height restriction was based on a "crude method" without proper mathematical or computer modelling and that the decision lacked valid reasons. Additionally, it contended that the permissible height should consider the tilt angle of the radar and that the site should be assessed under multi-radar criteria due to the presence of more than one radar at Kolkata Airport.
AAI countered that the height restriction was scientifically calculated using the NOCAS system and that the multi-radar criteria did not apply as Kolkata Airport only had one ASR radar.
The Hon'ble Delhi High Court, in its judgement dated 15 October 2024, quashed the Order passed by the AAI, citing that the said order was cryptic, passed without assigning any reason and was in violation of the principles of natural justice.
The S&A Law Offices team led by Mr. Vijay K Singh (Senior Partner), assisted by Mr. Shashwat Singh Sawno (Principal Associate) and Ankur Mishra (Sr. Principal Associate) represented Shrishti Infrastructure Development Corporation Ltd. before the Hon'ble Delhi High Court.