05 10.2.2025 BP/AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 29990 of 2024 Bengal Ultimate Resorts LLP & Anr. -versus Union of India & Ors. Mr. Amales Ray. Sr. Adv. Ms. Mousumi Bhowal. Mr. Arun Gupta. Mr. Ishan Bhattacharya. …For the Petitioners. Mr. Dipankar Das. …For Respondent Nos. 3 to 7. Mr. Robi Prosad Mookherjee. Mr. Narendra Prasad Gupta. … For the Union of India. Mr. Nilotpal Chatterejee. Ms. Tuli Sinha. … For the State. Mr. Debabrata Banerjee. Mr. Samir Chakraborty. Ms. Poushali Das. … For the respondent no. 13. Mr. Piyush Agarwal. Mr. Shrivalli Kajaria. Mr. Deebojyoti Das. … For the respondent nos. 10-12. 1. The petitioners are aggrieved by the direction issued by the Deputy General Manager (Ops- ASM) for the Airport Director dated 3rd July, 2024 annexed at pages 200 and 201 of the writ petition by advising the petitioners to reduce the height of the building so as to bring the same within the permissible limit. 2 2. A No Objection Certificate for height clearance was issued in favour of the petitioners on 20th August, 2024 by the General Manager (ATM) ER, Airports Authority of India wherein the permissible top elevation of the petitioners structure has been shown as 51 meters (restricted). The petitioners submit that initial clearance was given to the petitioners on 20th April, 2016 for raising construction upto 57.85 meters and the petitioners raised the construction in accordance with the said No Objection Certificate. 3. It has been submitted that the height of the building has been unilaterally reduced by the authority without granting any opportunity of hearing to the petitioners. 4. Learned advocate representing the petitioners refers to the notification dated 30th September, 2015 issued by the Ministry of Civil Aviation publishing the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations), Rules 2015 wherein the designated officer has been described. The General Manager is not the designated officer to decide on the issuance of No Objection Certificate with regard to height clearance. 5. Learned advocate representing the Airports Authority of India submits that the No Objection Certificate issued in the year 2016 and the No Objection Certificate for the year 2024 are of different coordinates. 6. The notification of the Ministry of Civil Aviation dated 30th September, 2015 prescribing the Ministry of Civil Aviation 3 (Height Restrictions for Safeguarding of Aircraft Operations) defines the designated officer as the officer of the Airports Authority of India responsible for processing and/or issuance of No Objection Certificate as specified in Appendix M of Schedule VIII. 7. It is the duty of the designated officer to issue No Objection Certificate in respect of Civil Aerodromes and shall coordinate with the respective locals, municipal or town planning and development authorities in granting approval for construction of buildings or structures. 8. Appendix M of Schedule VIII provides the list of the designated officers. As regards Kolkata, the designated officer for issuance of No Objection Certificate is the Regional Executive Director, Airports Authority of India, Eastern Region, the respondent no. 7 herein. 9. Initially an issue was raised as to whether the direction for reduction of height was a final order or not. In the report filed by the respondent authorities it has been clearly mentioned that the same is not a final order, but it is merely an advisory. The final demolition order will follow after the same is issued by the Joint Director General or the Deputy Director General of Civil Aviation. 10. As it appears that the petitioners have been directed to reduce the height of the building despite having No Objection Certificate issued in the year 2016 pursuant to which the construction was made, accordingly, the Court is of the opinion that an opportunity of 4 hearing ought to have been granted to the petitioners prior to issuance of such direction. 11. According to the Rules, 2015, as mentioned hereinabove, the Regional Executive Director is the competent authority for issuance of the No Objection Certificate for construction of building or structures. Accordingly, the matter is referred back to the respondent no. 7 for revisiting the issue all over again in accordance with law after giving reasonable opportunity of hearing to the petitioners for production of documents in support of the construction raised. 12. The petitioners point out to the order of the appellate committee dated 27th June, 2024 for height clearance wherein in the same area clearance of height has been given till 68.52 meters and 69.61 meters. 13. A decision shall be taken by the aforesaid respondent at the earliest. 14. Till a decision is taken by the respondent no. 7, no coercive steps shall be taken against the structure of the petitioners. 15. The writ petition stands disposed of. 16. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. ( Amrita Sinha, J.)