Delhi HC disposes of plea to remove all “obstacles” around New Delhi Airport

The Delhi High Court today disposed of a petition seeking the removal of all “obstacles” around New Delhi’s Indira Gandhi International Airport to ensure the safety and security of the passengers..A Division Bench of Chief Justice DN Patel and Justice C Hari Shankar observed that the petition, filed by aviation activist Yashwanth Shenoy, was based on “presumptions and surmises”..It noted that the concerned authorities, Delhi International Airport Authority (DIAL) and Directorate General of Civil Aviation (DGCA), had identified the obstacles around the Airport and the process of their removal was ongoing as per law..The Court recorded that identification of obstacles around the Airport was a “continuous process” and a total of 380 such structures were identified, out of which 69 had already been brought within the permissible height limit..Counsel appearing for the DGCA, Anjana Gosain informed the Court that most of the structures were residential buildings and before passing an order of demolition, the response of the persons occupying these buildings had to be considered..The Court, therefore, directed that as and when there is a violation of the permissible height limit within 20 km radius of the Delhi Airport, the DGCA would provide an “adequate opportunity” to the owner/occupier of the structure/property to determine if it should be removed or bought within the permissible height limit..The Court also refused to interfere with the present permissible height limit of 15 meters on the ground that its determination was a policy decision of the Central Government and its Authorities which is based on various aeronautical studies and data..The Court further directed the DGCA and DIAL to consider requests seeking a copy of the Safety Audit Report of the Airport as per law and dispose of with reasons..The Court also clarified that its earlier order dated July 30, 2018, imposing restrictions on the sale, transfer, and occupancy of buildings in violation of the permissible height limit within 20 km radius of the airport, stood merged with today’s order..Any sale, transfer, etc of such property may be done in accordance with the law, it added.